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

Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
Case No. MISSING
Regular Panel Decision
Jan 06, 1989

Smith v. Smith

In this case, the Supreme Court, Westchester County, initially granted equitable distribution of State lottery winnings by allocating 85% to the defendant husband and 15% to the plaintiff wife. The parties were married in 1982, and the defendant won $13.5 million in the lottery in 1985 through a pool with co-workers. Although the wife regularly played the lottery, the husband rarely did. The court found the winnings to be marital property but awarded the wife only 15% based on the ticket being acquired solely through the husband's efforts. On appeal, the judgment was unanimously reversed, with the appellate court determining that a more equitable distribution would be an equal division of the lottery winnings, citing the parties' equal contributions to the marriage, their treatment of it as a partnership, and the fact that the winnings were their only significant asset.

Equitable DistributionLottery WinningsMarital PropertySpousal ContributionsDomestic Relations LawProperty DivisionAppellate ReviewMatrimonial AssetsFinancial AssetsDissolution of Marriage
References
7
Case No. E2014-00302-COA-R3-CV
Regular Panel Decision
Jan 30, 2015

American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee

The plaintiff, American Heritage Apartments, Inc., challenged a monthly flat charge imposed by the Hamilton County Water and Wastewater Treatment Authority (County WWTA) for sewer lateral repairs. The trial court granted summary judgment to the County WWTA, finding no private right of action under the Utility District Law of 1937 (UDL). On appeal, the Court of Appeals reversed the summary judgment, concluding the UDL was inapplicable as the County WWTA was formed under the Tennessee Water and Wastewater Treatment Authority Act (WWTA Act). The appellate court held that the WWTA Act implicitly provides a private right of action for ultra vires and contract claims. The court also affirmed the trial court's alternative ruling that class action certification for affected customers was appropriate.

Water UtilityWastewater TreatmentFlat Rate ChargeClass Action CertificationSummary Judgment ReversalPrivate Right of ActionUltra Vires ClaimGovernmental ImmunityUtility District LawWater and Wastewater Treatment Authority Act
References
48
Case No. MISSING
Regular Panel Decision
Jan 19, 1988

Wilkinson v. Wilkinson

The plaintiff commenced a divorce action against the defendant on the ground of cruel and inhuman treatment. The Supreme Court granted the divorce, awarded maintenance, child support, and equitable distribution of marital property. The defendant appealed, contesting the sufficiency of evidence for cruel and inhuman treatment and the excessiveness of the financial awards. The appellate court affirmed the Supreme Court's judgment, finding ample evidence to support the divorce and deeming the maintenance and child support awards reasonable. The court also rejected the defendant's challenge to the valuation of retirement benefits.

DivorceCruel and Inhuman TreatmentEquitable DistributionMarital PropertyMaintenanceChild SupportAppellate ReviewCredibilityEvidence SufficiencyDomestic Relations Law
References
5
Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. MISSING
Regular Panel Decision
Jun 09, 1983

Equitable General Insurance Co. of Texas v. Yates

Thomas Yates was initially awarded workers' compensation for injuries while employed by Schepps Dairy. Equitable General Insurance Company of Texas, the carrier, obtained a summary judgment against Yates on grounds of untimely claim filing. Yates' subsequent motion for a new trial was conditionally granted upon payment of $500 in attorney's fees to opposing counsel. After Yates filed an uncontested affidavit of inability to pay, the trial court denied the motion for new trial. The court of appeals reversed, and this court affirmed the court of appeals' judgment, ruling that while conditional grants of new trial are generally permissible, the trial court abused its discretion by denying the motion in the face of an uncontested affidavit of inability to pay the imposed monetary condition.

Summary JudgmentMotion for New TrialAttorney's FeesConditional GrantAbuse of DiscretionAffidavit of Inability to PayTexas Rules of Civil ProcedureWorkers' CompensationEquitable ConsiderationsAppellate Review
References
16
Case No. MISSING
Regular Panel Decision
May 02, 1984

Pottala v. Pottala

The case involves an appeal from a judgment regarding the equitable distribution of marital property and a maintenance award. The parties, married for nine years, divorced due to the defendant's cruel and inhuman treatment. The defendant contested the plaintiff's pension interest, the $110 weekly maintenance, and the accuracy of her net worth statement. The court upheld the net worth statement and affirmed the indefinite maintenance award, recognizing the plaintiff's self-sufficiency efforts despite limited earning potential. The judgment was modified to adjust maintenance arrears by crediting the defendant with a portion of cashed tax refund checks.

Equitable DistributionMaintenance AwardMarital PropertyPension RightsNet Worth StatementDivorce DecreeAppellate ReviewFinancial DisparitySpousal SupportCruel and Inhuman Treatment
References
7
Case No. MISSING
Regular Panel Decision

Viviano v. Allard

This case involves a postjudgment application for equitable distribution of a class action settlement by a former wife against her former husband. The parties were divorced in 1984, with all known marital property having been distributed. The husband became a member of a class action lawsuit against Continental Can Company, where his employment was terminated prior to the divorce, leading to a substantial monetary settlement in 1990. The wife, learning of this settlement in 1992, filed for equitable distribution, arguing the proceeds constituted marital property. The Supreme Court ordered a hearing, finding that the settlement proceeds, if known at the time of divorce, would have been considered marital property. The appellate court affirmed this decision, citing unusual circumstances where an asset was unknown to both parties at the time of the divorce, thereby justifying an opportunity for the wife to litigate the issue. The court held that benefits earned during the marriage, even if realized post-divorce, could be subject to equitable distribution.

Divorce LawEquitable DistributionMarital PropertyClass Action SettlementPostjudgment ReliefRes Judicata ExceptionAppellate ReviewUnforeseen AssetsDeferred CompensationFamily Law
References
8
Case No. MISSING
Regular Panel Decision

Turner v. Turner

After a 30-year marriage, the plaintiff wife initiated a divorce action in August 1991, seeking equitable distribution of marital property. The Supreme Court's initial distribution, which allocated approximately 62% of assets to the defendant and 38% to the plaintiff without explanation, was appealed by the plaintiff for equal division. The appellate court concurred, mandating equal division of net rental income and marital residence proceeds. Furthermore, recognizing the significant disparity in their retirement plans and the plaintiff's limited contribution period, the court ruled she was entitled to an equitable share of the defendant's pension. The plaintiff was also granted reimbursement for a $4,410 Workers' Compensation award confiscated by the defendant without proper offset proof. The judgment was modified and the matter remitted for property redistribution and consideration of counsel fees.

Equitable DistributionMarital PropertyDivorceWorkers' CompensationPension DivisionRental IncomeSpousal SupportMarital AssetsReimbursementCounsel Fees
References
1
Case No. MISSING
Regular Panel Decision

Dash v. Equitable Life Assur. Soc. of US

Kenneth Dash, a black employee, sued Equitable Life Assurance Society and Equicor-Equitable HCA Corp. for racial discrimination in employment under Title VII and 42 U.S.C. § 1981, alleging unfair job evaluations, denied promotion, and retaliatory discharge. Defendants moved for dismissal or summary judgment. The court, applying Patterson v. McLean Credit Union retroactively, dismissed claims of discriminatory job evaluations, discriminatory discharge, and retaliatory discharge under § 1981. However, the court denied the motion for summary judgment regarding the discriminatory denial of promotion claim, finding a question of fact as to whether the promotion to Team Leader constituted an opportunity for a "new and distinct" contractual relationship. The promotion claim will proceed to trial.

Racial DiscriminationEmployment DiscriminationTitle VIISection 1981Promotion DenialRetaliatory DischargeSummary JudgmentMotion to DismissPatterson v. McLean Credit UnionNew and Distinct Relation
References
36
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