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Case Law Database

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

Case No. 2016-08-0937
Regular Panel Decision
May 02, 2018

Jackson, Michael v. Transwood

Michael Jackson, an employee, sought medical benefits for alleged neck, left shoulder, and leg injuries stemming from a work accident, which his employer, Transwood, denied. While a low back injury was accepted as compensable, the trial court denied claims for other body parts, concluding Jackson failed to provide sufficient medical evidence that these additional injuries arose primarily from the work accident. Jackson, who was self-represented, appealed this decision. The Workers' Compensation Appeals Board affirmed the trial court's ruling, emphasizing the employee's burden of proof and the necessity of expert medical evidence to establish causation for the alleged injuries, especially for a pro se litigant who is still subject to the same procedural rules as represented parties.

Workers' CompensationAppealMedical BenefitsLumbar StrainCausationBurden of ProofExpert Medical EvidencePro Se LitigantSummary JudgmentAffirmed Decision
References
7
Case No. 09-19-00309-CV
Regular Panel Decision
Jul 29, 2021

BAM Heavy Equipment and Repair, LLC and Bert T. Johnson v. Michael E. Jackson

Michael E. Jackson sued BAM Heavy Equipment and Repair, LLC and Bert T. Johnson for breach of contract regarding unpaid 'dividends' from an amended operating agreement. A jury found in Jackson's favor and awarded him $117,318. BAM appealed, raising issues concerning Jackson's membership status in the LLC, the sufficiency of evidence for damages, and alleged jury charge errors related to ratification and an unspecified agreement. The Court of Appeals affirmed the trial court's judgment, finding legally and factually sufficient evidence to support the damages award and no abuse of discretion in the jury charge or the admission of evidence.

Breach of ContractLLC MembershipJury VerdictDamages AwardLegal SufficiencyFactual SufficiencyJury InstructionsRatificationImplied RatificationCasteel Error
References
31
Case No. 01-19-00335-CV
Regular Panel Decision
May 27, 2021

Alice Marie Gandy v. Robert Williamson, Estate of Jimmy Glenn Williamson, Jimmy Williamson, P.C., Williamson & Rusnak, Cyndi Rusnak, and Cyndi Rusnak, PLLC

Appellants, 135 individuals, challenged the trial court’s summary judgment in favor of appellees, including Robert Williamson and several law firms. Appellants' lawsuit alleged civil barratry, civil conspiracy, aiding and abetting, and breach of fiduciary duty, stemming from an alleged illicit scheme to solicit clients for Deepwater Horizon oil spill claims. The scheme involved lawyers Jimmy Williamson, Cyndi Rusnak, and Michael Pohl paying non-lawyers to recruit potential clients using a

Barratry SchemeDeepwater Horizon Oil Spill LitigationStatute of Limitations DefenseCivil Conspiracy ClaimsAiding and AbettingBreach of Fiduciary DutyAttorney MisconductImproper Client SolicitationLegal EthicsSummary Judgment Appeal
References
64
Case No. 01-02-00872-CV
Regular Panel Decision
Jun 19, 2003

Michael Hardy, John Anderson, Kenneth Mosley & Donta Jackson v. AAA Cooper Transportation

Appellants, Michael Hardy, John Anderson, Kenneth Mosley, and Donta Jackson, sued AAA Cooper Transportation, Inc. for retaliatory termination, alleging their dismissals violated Texas Labor Code section 451.002 after they filed workers' compensation claims. Cooper's policy included 12 weeks of FMLA leave and an additional 60 days of unpaid extended leave; appellants were terminated for not returning to work after exhausting both. The trial court granted summary judgment in favor of Cooper. The Court of Appeals for the First District of Texas affirmed the judgment, concluding that Cooper's evidence successfully negated the element of causation, demonstrating that the terminations were due to a uniformly enforced absence policy rather than a retaliatory motive related to the workers' compensation claims.

Retaliatory TerminationWorkers' Compensation ClaimSummary Judgment AffirmedFamily Medical Leave ActEmployee Absence PolicyCausation ElementEmployment DiscriminationTexas Court of AppealsWrongful TerminationAppellate Review
References
8
Case No. 04-24-00606-CV
Regular Panel Decision
Dec 17, 2025

Michael Shalit D/B/A Kimberly Investment Company, Lynzara-Austin Real Estate Management, LLC, as General Partner of Kendall County Development Company, L.P., and as General Partner of Tapatio Springs Real Estate Holdings, L.P., Robyn Real Estate Investments, L.P., Robyn Utility Investments, L.P., and Robyn Utility Investments Management, LLC v. Tapatio Springs Real Estate Holdings, L.P., Kendall County Development Company, L.P., Kendall County Utility Company, Inc., Tapatio Springs Utility Holdings, L.P., and Tapatio Springs Hospitality Holdings, L.P.

This memorandum opinion addresses an appeal from a summary judgment granted by the 451st Judicial District Court, Kendall County, Texas. Appellants, collectively known as the Shalit Entities, appealed a summary judgment in favor of Appellees, the Tapatio Entities, which barred the Shalit Entities' counter-claims due to the four-year statute of limitations. The Shalit Entities' claims, including fraud, breach of contract, and promissory estoppel, arose from a soured business partnership. The appellate court affirmed the trial court's decision, finding that the Shalit Entities failed to sufficiently plead acknowledgment of debt to defeat the limitations defense. Furthermore, the court rejected arguments that special exceptions were a prerequisite to summary judgment on limitations grounds and affirmed the severance of claims.

Statute of LimitationsSummary JudgmentBreach of Fiduciary DutyBreach of ContractStatutory FraudDeclaratory ReliefBusiness Partnership DisputeReal Estate VentureAppellate ReviewTexas Court of Appeals
References
23
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. 14-08-00795-CV
Regular Panel Decision
Aug 03, 2010

Transcontinental Insurance Company, as Subrogee of the Estate of Reabon Jackson, Jr., Reabon Drusila Jackson (A Minor), Nettie Adams and Donald Robinson v. Briggs Equipment Trust and Genie Industries, Inc.

The Fourteenth Court of Appeals reviewed three summary judgments in a case involving wrongful-death and subrogation claims. Appellants Transcontinental Insurance Company and SelenEr Love sued Briggs Equipment Trust and Genie Industries, Inc. after a fatal industrial accident. The court affirmed the summary judgment against Love's claims due to procedural default. However, it reversed and remanded Transcontinental's claims, finding genuine issues of material fact regarding negligence, product defect, and causation by the defendants, as well as Briggs's liability as a nonmanufacturing seller. The court also clarified that the Texas Family Code's Uniform Parentage Act does not strictly govern paternity determinations in wrongful-death actions, relying on a 'clear and convincing evidence' standard for filial relationships. An unopposed motion to unseal paternity test results was granted.

Product LiabilityWrongful DeathWorkers' CompensationSubrogationSummary JudgmentNegligenceDesign DefectCausationPaternityGenetic Testing
References
24
Case No. 01-07-01052-CV
Regular Panel Decision
Feb 12, 2009

Evelyn Lockett v. Amoco Corporation

This case encompasses two distinct wrongful death claims arising from alleged occupational exposures to benzene. The Lockett heirs sued Monsanto, H.B. Zachry, and Union Carbide, alleging Lockett's leukemia and death were caused by benzene exposure at their work sites. The Jackson heirs sued Rohm and Haas for similar claims. The trial court granted summary judgments for the defendants, which the Locketts and Jacksons appealed. The appellate court affirmed the judgments, concluding that the Locketts provided no evidence of Mr. Lockett's exposure to benzene at the defendants' work sites. It also affirmed that the Texas Labor Code barred the Jacksons' negligence claim against Rohm and Haas, determining Jackson was a 'borrowed servant,' and the trial court properly granted summary judgment on their gross negligence claim.

Wrongful DeathOccupational ExposureBenzene ExposureLeukemiaSummary JudgmentTexas Workers' Compensation ActBorrowed Servant DoctrineCausationGross NegligenceAppellate Review
References
28
Case No. 02-21-00290-CV
Regular Panel Decision
Jul 21, 2022

in the Estate of Xavier Gomez III

This case concerns an appeal from a probate court's judgment determining Estephany Pachecano to be an heir of the deceased, Xavier Gomez III. Mr. Gomez died in an accident while employed by Appellant Jackson Construction, Ltd. Ms. Pachecano, claiming common-law marriage, sought letters of administration and heirship determination. Jackson Construction intervened, arguing that Ms. Pachecano was precluded from claiming common-law marriage due to a prior workers' compensation agreement where she stated she was not a legal beneficiary. The Court of Appeals dismissed Jackson Construction's appeal, holding that Jackson lacked standing as it was not an 'interested person' in the probate proceeding, having no direct pecuniary interest in Mr. Gomez’s estate. The court affirmed that a defendant in a wrongful-death action does not automatically have standing in a related probate matter.

Common-law marriageHeirship determinationProbate proceedingStanding doctrineInterested personWrongful deathWorkers' compensation benefitsCollateral estoppel defenseAppellate court jurisdictionTexas Estates Code
References
28
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
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