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

Case No. NO. 14-22-00879-CV
Regular Panel Decision
Aug 13, 2024

Lasonthia Sandles, Individually as as the Personal Representative of the Estate of Christine Rollins v. Deanna Louise Laskoskie, as Administrator of the Estates of George Delbert Laskoskie, Sr., and Louise Clymer Laskoskie

Lasonthia Sandles appealed a no-evidence summary judgment in her claims against Deanna Louise Laskoskie, administrator of the estates of George and Louise Laskoskie, stemming from the fatal injury of Christine Rollins. Rollins, an in-home caregiver for the Laskoskies, died after being attacked by animals on their property, with conflicting theories on whether dogs initiated the attack before feral hogs. The appellate court affirmed the summary judgment, agreeing that Sandles's expert report on dog involvement was conclusory and lacked scientific basis. The court found insufficient evidence, beyond mere surmise, to establish causation by the dogs for Sandles's claims of strict liability, negligent handling, or premises liability. The judgment highlighted that abundant evidence pointed towards wild hogs as the primary cause of Rollins's death.

Summary Judgment AppealNo-Evidence Summary JudgmentExpert Testimony ReliabilityConclusory EvidenceCausation ElementStrict Liability ClaimNegligent Handling ClaimPremises Liability ClaimAnimal Attack LitigationFeral Hog Attack
References
20
Case No. 01-19-00799-CV
Regular Panel Decision
Jun 15, 2021

Robert Lawrence v. Joe W. Bailey II, Administrator of the Estate of Steven Ross Lawrence

This case concerns a dispute over life-insurance proceeds from a policy belonging to the deceased, Steven Lawrence. Robert Lawrence, Steven's brother, claimed the proceeds under the Texas Slayer Statute, asserting that Steven's son, Ross, forfeited his beneficiary rights due to his alleged involvement in Steven's death. The administrator of Steven's Estate, Joe W. Bailey II, moved for the funds to be released to the estate. The trial court granted this motion without providing Robert Lawrence proper notice or an opportunity for a hearing. Robert appealed, arguing a denial of due process and abuse of discretion. The Court of Appeals agreed, reversing the trial court's order and remanding the case for further proceedings due to the due process violation.

Life InsuranceSlayer StatuteDue ProcessMotion for New TrialAppellate ReviewInterpleaderEstate AdministrationBeneficiary DisputeTexas LawRemand
References
32
Case No. 08-23-00355-CV
Regular Panel Decision
Sep 29, 2025

New Mission Home Care, LLC v. Tony Lawrence Read, Individually and as Independent Administrator of the Estate of George Read, and Bertha Acosta, Individually and as Independent Administrator of the Estate of Teresa Acosta Read

New Mission Home Care, LLC appealed a $13 million jury verdict in a car-train collision case. The appellate court identified jury charge error regarding the definition of "course and scope" of employment, which was crucial for assessing New Mission's vicarious liability. Upon review, the court found legally insufficient evidence to support the appellees' vicarious liability claim based on the corrected course-and-scope definition. Furthermore, the court determined there was also legally insufficient evidence to sustain the direct liability claims, including negligent hiring, retaining, training, and supervision, against New Mission. Consequently, the appellate court reversed the trial court's judgment and rendered a take-nothing judgment in favor of New Mission.

Vicarious LiabilityCourse and Scope of EmploymentNegligent HiringNegligent RetentionNegligent TrainingNegligent SupervisionJury Charge ErrorLegal Sufficiency of EvidenceAppellate ReviewCar-Train Collision
References
49
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
Case No. NO. 2-06-418-CV
Regular Panel Decision
Aug 31, 2007

Dolores Zarnow, as Administrator of the Estate of Allen Zarnow, M.D. v. Clinics of North Texas

Dolores Zarnow, as administrator of the Estate of Allen Zarnow, M.D., appealed a summary judgment granted in favor of Clinics of North Texas. Dr. Zarnow, a former partner and physician-employee, was terminated after firearms and alleged explosive materials were found in his office, leading to a criminal investigation and his arrest, though he was not indicted. Dolores Zarnow asserted claims for malicious prosecution, intentional infliction of emotional distress, invasion of privacy, tortious interference, fraudulent inducement, and breach of contract. The appellate court affirmed the summary judgment on malicious prosecution, intentional infliction of emotional distress, invasion of privacy, and wrongful suspension/termination claims, finding no evidence for some and lack of merit for others. It dismissed pretermination breach of contract and fraudulent inducement claims due to lack of standing/privity. However, the court reversed and remanded the tortious interference claim, as it was not adequately addressed in the summary judgment motion.

Malicious ProsecutionIntentional Infliction of Emotional DistressInvasion of PrivacyBreach of ContractTortious InterferenceSummary JudgmentAppellate ReviewEmployment TerminationPartnership AgreementFirearms Policy
References
27
Case No. NUMBER 13-08-00200-CV
Regular Panel Decision
Aug 28, 2009

Valley Baptist Medical Center v. Noe Morales, Jr., as Administrator of the Estate of Paulina Morales

This is a statutory construction case concerning the production of medical records and associated fees. Appellant Valley Baptist Medical Center (VBMC) appealed a district court order compelling it to provide medical records to Appellee Noe Morales, Jr., as administrator of an estate, without charge. Morales sought records under the Texas Civil Practices and Remedies Code, while VBMC asserted its right to charge a reasonable fee under the Texas Health and Safety Code. The appellate court concluded that the statutes could be harmonized, affirming Morales's entitlement to the records but also VBMC's right to charge the statutory fee. The court reversed the trial court's judgment, requiring Morales to pay the $1,143.00 fee.

Statutory ConstructionMedical RecordsFees for RecordsTexas Civil Practices and Remedies CodeTexas Health and Safety CodeHospital LiabilityMandamusAppellate ReviewStatutory InterpretationHealthcare Law
References
15
Case No. 10-06-00281-CV
Regular Panel Decision
Apr 09, 2008

Tami Berger Martin v. Clyde C. Berger, Individually, as Administrator of the Estate of Mildred Jacquelyn Berger, and as Trustee of the Berger Trust

Tami Berger Martin intervened in the administration of Mildred Jacquelyn Berger's estate, alleging that a trust and will existed in her favor and an interest in Exxon Mobil stock. A jury determined no such trust or will had been created. Martin appealed, arguing the trial court erred by denying her motion for new trial and allowing cross-examination about a tape-recorded statement. The court affirmed the trial court's judgment, finding Martin failed to preserve her complaints for appeal by not raising them timely or seeking further relief. The appellee's cross-point for sanctions due to a frivolous appeal was also denied, as Martin's complaint, though unpreserved, had arguable merit.

Appellate ReviewDiscovery ViolationsMotion for New TrialCross-ExaminationEvidence AdmissibilityEstate AdministrationTrusts and WillsFrivolous AppealSanctions DeniedPreservation of Error
References
17
Case No. 04-06-00417-CV
Regular Panel Decision
Jun 25, 2008

Sylvia Casas, Ind. Substantively Consolidated Bankruptcy Estates of Fountain View, Inc. as Successor to Summit Care Corporation, Summit Care Texas, L.P. D/B/A Comanche Trail Nursing Center and Summit Care Management Texas and Robert Gundling, Ind. v. Rosamarie Paradez, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza

This case involves a medical malpractice survival action initiated by Rosamarie Paradez, daughter of the deceased Tranquilino Mendoza, against Sylvia Casas, Robert Gundling, and the consolidated bankruptcy estates of Fountain View, Inc. (successor to Summit Care Corp. and Summit Care Texas, L.P., operators of Comanche Trail Nursing Center). Mendoza, an 81-year-old nursing home resident, suffered severe injuries after being beaten by a violent roommate, allegedly due to the appellants' negligence. The appellants challenged various aspects of the trial court's judgment, including the denial of new trial motions, sufficiency of damages, excessive awards, and the application of damages caps. The appellate court affirmed the trial court's judgment, upholding the damages awarded for pain, mental anguish, and physical impairment, and finding no error in the application of the damages cap or the finding of negligence against Gundling.

Medical MalpracticeNursing Home NegligencePersonal InjurySurvival ActionAppellate ReviewJury ArgumentDamages CapFactual SufficiencyMental AnguishPhysical Impairment
References
35
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. 10-17-00260-CV
Regular Panel Decision
Jul 03, 2019

Estate of Miriam Mae Pharris

Kathy Roux appealed the trial court's decisions regarding the estate of Miriam Mae Pharris. Roux, who previously represented Dennis Pharris, sought attorney's fees from the estate for services rendered to Dennis and also filed an application for funeral and burial expenses on behalf of Knorr, whom she did not represent. The trial court denied her application for attorney's fees, finding she was not entitled to compensation from the estate and that her filings were groundless and in bad faith. The court subsequently sanctioned Roux $6,800 in attorney's fees for Ford, the estate's administrator, and an additional $2,500 to deter future groundless filings. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in denying Roux's attorney's fees, imposing sanctions, and setting the supersedeas bond.

Estate AdministrationAttorney SanctionsAppellate ProcedureProbate LitigationFrivolous FilingsAttorney's Fees DisputeAbuse of DiscretionTexas Estates CodeTexas Civil Practice and Remedies CodeRules of Civil Procedure
References
45
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