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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 08-11-00092-CV
Regular Panel Decision
Jul 05, 2012

Business Staffing, Inc., Transglobal Indemnity Limited, Inc., Harry Sewill, Richard Gable Chapman, Bart Bogus, BSI Insurance Services, Inc., Transglobal Mortgage, Inc., and LHR Enterprises, Inc. v. Jackson Hot Oil Service D/B/A Jackson Brothers Hot Oil Service and Cody Jackson

This case involves an appeal from a final judgment against Business Staffing, Inc. (BSI) and related entities (Appellants) in favor of Jackson Hot Oil Service and individuals (Appellees). Appellees sued for breach of contract, DTPA violations, breach of good faith, negligence, and fraud, stemming from Appellants' alleged failure to provide workers' compensation insurance. The jury found Appellants engaged in unconscionable and deceptive acts and committed fraud, particularly against Cody Jackson, who suffered severe burns in an on-the-job accident. The appellate court affirmed most of the jury's findings, including those on statute of limitations, DTPA violations, and fraud, but reformed the judgment to adjust the calculation of damages under the DTPA and reflect a remittitur for Jackson Brothers.

Workers' Compensation FraudDeceptive Trade Practices ActInsurance MisrepresentationCivil ConspiracyBreach of ContractAppellate Court DecisionTexas Civil LawStatute of Limitations DefenseExemplary DamagesActual Damages
References
53
Case No. 01-10-00010-CV
Regular Panel Decision
Jan 26, 2012

Kathryn Myles Jackson and Clifton Jackson v. Mandola F. Jos, Owner and North Forest I.S.D.

Kathryn Myles Jackson and Clifton Jackson, representing themselves, appealed the trial court's dismissal of their lawsuit against North Forest Independent School District and others. The lawsuit, an Original Petition for Title of Real Property Acquired by Adverse Possession, was dismissed after the trial court sustained the Harris County District Clerk's contest to the Jacksons' affidavit of indigence, effectively finding them able to pay filing fees and costs. The appellate court found that the trial court abused its discretion by dismissing the case without setting forth reasons for its finding that the allegations of poverty were false, and without sufficient evidence on record to counter the Jacksons' claims of indigence. The Court of Appeals reversed the trial court's order and remanded the case for further proceedings.

Affidavit of IndigenceDismissal of LawsuitAbuse of DiscretionAppellate ReviewCourt CostsPro Se LitigantsTexas Civil Practice and Remedies CodeTexas Rules of Civil ProcedureAdverse PossessionNotice of Hearing
References
30
Case No. W2001-00302-COA-R3-CV
Regular Panel Decision
Jan 07, 2002

Terri Jackson v. Danny Jackson

This case involves an appeal concerning the calculation of an obligor parent's net income for child support purposes. Appellant Danny L. Jackson sought a reduction in his child support obligations, arguing that temporary living expenses incurred due to a job relocation and Alabama state income taxes should be deducted from his gross income. The trial court denied his motion, finding no significant variance existed under the child support guidelines. The Court of Appeals affirmed this decision, holding that the guidelines' provision for deducting expenses applies only to self-employment income, not to employees like the Appellant. Thus, the lower court did not err in refusing the deductions.

Child SupportNet Income CalculationGross IncomeTemporary Living ExpensesIncome Tax DeductionSignificant VarianceAppellate ReviewMarital Dissolution AgreementDivorce ProceedingsObligor Parent
References
3
Case No. 09-17-00197-CV
Regular Panel Decision
Jul 26, 2018

Jefferson County, Texas v. Cherisse Jackson

Cherisse Jackson, a Jefferson County employee, filed a lawsuit against Jefferson County alleging employment discrimination and whistleblower retaliation after she was demoted and not promoted. Jackson claimed this was due to her refusal to provide a false statement during an internal investigation regarding another employee's alleged misconduct. The County filed a plea to the jurisdiction, asserting governmental immunity and arguing its actions stemmed from Jackson's insubordination, not retaliation. The trial court denied the County's plea. On appeal, the Court of Appeals reversed the trial court's decision, finding Jackson failed to present sufficient evidence rebutting the County's legitimate, non-retaliatory reasons for its employment decisions. The appellate court also determined that Jackson did not exhaust administrative remedies for several of her claims and that her constitutional and collective bargaining agreement claims were facially invalid, thus governmental immunity was not waived. Consequently, Jackson's suit was dismissed with prejudice.

Employment DiscriminationWhistleblower ActTexas Commission on Human Rights ActRetaliationGovernmental ImmunityPlea to the JurisdictionCause of ActionDemotionPromotion DenialInsubordination
References
50
Case No. MISSING
Regular Panel Decision

Jackson v. Granite State Insurance Co.

Eddie Jackson, the plaintiff in a workers' compensation case, appealed a take-nothing verdict concerning the extent of his disability. The trial court admitted evidence of Jackson's sole medical witness's felony conviction for dispensing non-narcotic drugs, which was used for impeachment. The court of appeals initially affirmed, reasoning that although the conviction was inadmissible under prior law, the error was harmless as new rules of evidence (Tex.R.Evid. 609(a)) would make it admissible on retrial. However, Jackson argued that under Tex.R.Evid. 609(c), evidence of the conviction was inadmissible due to the witness's successful completion of probation. The Supreme Court reversed the judgments of the lower courts, agreeing with Jackson that Rule 609(c) clearly prohibits the admission of such evidence and that the error was not harmless, thus remanding the cause for a new trial.

Workers' CompensationEvidence AdmissibilityFelony ConvictionWitness ImpeachmentRules of EvidenceProbation CompletionAppellate ReviewReversalRemandMedical Witness
References
2
Case No. MISSING
Regular Panel Decision

Golden Eagle Archery, Inc. v. Jackson

Ronald Jackson sued Golden Eagle Archery, Inc. for negligence and products liability after being injured by a compound bow. The jury found Golden Eagle defectively marketed the bow but also found Jackson negligent, attributing 45% responsibility to him and awarding approximately $20,000 in damages. Jackson moved for a new trial, alleging juror misconduct and bias, which the trial court denied. The court of appeals reversed, but the Supreme Court of Texas reversed the court of appeals's judgment, holding that Texas Rules of Civil Procedure 327(b) and Texas Rules of Civil Evidence 606(b), which generally prohibit jurors from testifying about deliberations unless "outside influence" is involved, are constitutional. The Court clarified that discussions during a trial break are not "deliberations" and thus not barred, but found Jackson's evidence of juror bias inconclusive. The case was remanded to the court of appeals to consider Jackson’s other points of error.

Products LiabilityJuror MisconductJuror BiasNew TrialAppellate ReviewConstitutional LawDue ProcessTexas Rules of Civil ProcedureTexas Rules of Civil EvidenceOutside Influence Exception
References
39
Case No. MISSING
Regular Panel Decision

Jackson v. Fiesta Mart, Inc.

Beverly R. Jackson sued Fiesta Mart, Inc. for injuries sustained from a slip and fall on the company's premises while working. Fiesta, a non-subscriber under the Workers Compensation Act, filed a no-evidence motion for summary judgment, asserting Jackson lacked evidence that Fiesta knew or should have known about the liquid on the floor. The trial court granted this motion. On appeal, Jackson argued that her deposition testimony was sufficient to create a fact issue and that Fiesta bore the burden of proof. The appellate court affirmed the summary judgment, concluding that Jackson failed to provide summary judgment evidence raising a genuine issue of material fact regarding Fiesta's actual or constructive knowledge of the spill, which is a critical element for a premises-liability claim under Texas Rule of Civil Procedure 166a(i).

Slip and fallPremises liabilitySummary judgmentNo-evidence summary judgmentAppellate reviewEmployer negligenceTexas Civil ProcedureBurden of proofActual or constructive knowledgeWorker injury
References
14
Case No. MISSING
Regular Panel Decision

Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP

Vincent Jackson sued the law firm Abrams, Fensterman, et al., alleging improper termination after a hospitalization, in violation of FMLA, State HRL, and City HRL. The defendant denied liability, claiming Jackson was not its employee. The court previously denied summary judgment as premature to allow for the deposition of Howard Fensterman, who was identified as Jackson's personal chauffeur employer. After Fensterman's deposition, the court granted partial summary judgment to the defendant, dismissing the State and City HRL claims, finding Fensterman, not the firm, was Jackson's employer for those statutes due to the 'domestic service' exclusion and lack of firm control. However, the court denied summary judgment on the FMLA claim, determining a genuine issue of material fact remains regarding the firm's employer status under the 'economic realities' test, particularly concerning work performed by Jackson that could benefit the firm. The FMLA claim will proceed to a hearing.

Employment LawFamily and Medical Leave Act (FMLA)Human Rights LawEmployer DefinitionSummary Judgment MotionEconomic Realities TestJoint EmploymentDomestic Service ExemptionPersonal ChauffeurCorporate Liability
References
37
Case No. MISSING
Regular Panel Decision

Bates v. Jackson National Life Insurance

This case involves Jerry Bates and Brian Bates, beneficiaries of a life insurance policy, suing Jackson National Life Insurance Company to recover policy proceeds after their father, Mr. Bates, died. Jackson National denied the claim, alleging material misrepresentations by Mr. Bates regarding his health (specifically diabetes and phlebothrombosis) in the insurance application. The court considered Jackson National's motion for summary judgment on claims of breach of contract, breach of the duty of good faith and fair dealing, and violation of Article 21.21 of the Texas Insurance Code. The court denied summary judgment on the breach of contract claim, finding a genuine issue of material fact regarding Mr. Bates' intent to deceive. However, the court granted summary judgment for Jackson National on the claims of breach of the duty of good faith and fair dealing and violation of Article 21.21, ruling that this duty does not extend to third-party beneficiaries like the plaintiffs under Texas law, and even if it did, Jackson National had a reasonable basis for denying the claim due to the admitted misrepresentations.

Life InsuranceMaterial MisrepresentationSummary JudgmentBreach of ContractBad Faith ClaimDuty of Good Faith and Fair DealingTexas Insurance Code Article 21.21Third-Party BeneficiaryInsurance Policy ProceedsMedical History Disclosure
References
62
Case No. 2019-08-0846
Regular Panel Decision
Feb 11, 2021

Jackson, Rodnecia v. Federal Express Corporation

The employee, Rodnecia A. Jackson, appealed a trial court's decision to grant summary judgment to her employer, Federal Express Corporation, and dismiss her workers' compensation case. Jackson claimed a left eye injury from foreign material during employment. While the employer initiated benefits, Jackson's petition for additional benefits was filed over a year after the last voluntary payment. The employer argued the petition was untimely and her ongoing complaints were unrelated. The trial court sided with the employer. The Appeals Board affirmed the trial court's order, concluding that Jackson's arguments on appeal did not adequately challenge the timeliness issue.

Workers' Compensation AppealTimeliness of PetitionSummary JudgmentCorneal AbrasionEye InjuryDiscovery RuleStatute of LimitationsBenefit DenialAppellate ReviewPro Se Appellant
References
4
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