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Case Law Database

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

Case No. 01-04-00096-CV
Regular Panel Decision
Aug 03, 2006

Heritage Housing Development, Inc., F/K/A Heritage Geriatric Housing Development, Inc. Heritage Geriatric Housing Development Viii, Inc. v. Velma Carr, as Heir at Law and Representative of the Estate of Raymond Carr

Velma Carr brought a survival action against Heritage Geriatric Housing Development VIII, Inc. d/b/a Heritage Sam Houston Gardens ("Houston Gardens") and its parent corporation, Heritage Housing Development, Inc. f/k/a Heritage Geriatric Housing Development, Inc. ("HHD"), for negligent nursing home care of her deceased husband, Raymond Carr. A jury found both corporate entities and employees negligent. The Court of Appeals reversed the judgment against HHD, finding legally insufficient evidence to support vicarious liability against the parent corporation because it did not control the details of patient care. However, the court found legally sufficient evidence to support the negligence claim against Houston Gardens. Due to the potential impact of HHD's inclusion on the jury's apportionment of liability and damages, the case was remanded for a new trial on the negligence claim against Houston Gardens.

Nursing Home NegligenceVicarious LiabilityRespondeat SuperiorLegal Sufficiency of EvidenceParent Company LiabilityCorporate ControlNegligent CareTexas Court of AppealsRemand for New TrialMedical Malpractice
References
22
Case No. MISSING
Regular Panel Decision
Jan 08, 2014

Claim of Angela Page v. Liberty Central School District

The claimant, a school librarian, sought workers' compensation benefits in July 2004 for a disability from toxic mold exposure, leading to an established claim for hypersensitivity and awards for temporary total disability. In 2006, the claim was amended to include multiple chemical sensitivity, and awards for marked disability continued. A Workers’ Compensation Law Judge (WCLJ) later classified the claimant with a permanent total disability in March 2010, but the Workers' Compensation Board rescinded this finding and referred the matter to an impartial medical specialist, Theodore Them. Them testified that multiple chemical sensitivity is not a medically recognized condition and that the claimant had no causally-related disability, which the Board credited in its December 2012 decision, finding no further causally-related disability and closing the case. The claimant's subsequent appeal of this decision was not perfected, and an application for reconsideration was denied. An April 2013 WCLJ decision to further develop the record on disability was challenged by the employer, who argued the December 2012 Board decision had resolved the issue. The Board panel agreed with the employer in January 2014, precluding further development of the record, a decision which this Court affirmed on appeal, stating the issue of causally-related disability had been decided and the claimant's remedy was a timely appeal of the prior Board decision.

References
2
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. 10-09-00231-CV
Regular Panel Decision
Jul 21, 2010

Jaime Ibarra and Maria Ibarra Torres v. the Hines Land Group, LTD., A.W. Hines, Kelly King Hines, Ricky D. Hines, Individually and D/B/A Hines Development Corporation, Hines Development, LTD., and Hines Development Management, LLC

Jaime Ibarra, an employee of Moss Concrete Construction Co., Inc., was injured when a dirt wall collapsed while he was repairing a leak in a man-made lake at the Pecan Valley Ranch subdivision, developed by The Hines Land Group. Ibarra and Maria Ibarra Torres sued the Hines Appellees, alleging various causes of action including negligence, premises liability, negligent hiring, and negligent undertaking. The trial court granted the Hines Appellees' motions for summary judgment. On appeal, the Court of Appeals affirmed the trial court's judgment, finding that the Hines Appellees owed no duty to Ibarra as they did not retain or exercise control over the excavation work, the trench was an open and obvious defect created by the independent contractors, and negligent hiring claims do not apply to independent contractors' employees.

Personal InjurySummary Judgment AppealPremises LiabilityNegligence ClaimsIndependent Contractor LiabilityDuty of CareAppellate Court DecisionTexas Civil ProcedureConstruction Site InjuryGross Negligence
References
50
Case No. ADJ3817836 (SJO 0250881)
Regular
May 31, 2012

ZUFAN A. REDA vs. FRY'S ELECTRONICS, INC., ZURICH NORTH AMERICAN INSURANCE

This case concerns applicant Zufan A. Reda's claim for permanent total disability due to a psychiatric injury. The Workers' Compensation Appeals Board (WCAB) is ordering the development of the record because neither the applicant's QME, Dr. Sidle, nor the defendant's QME, Dr. Keins, provided substantial evidence regarding the apportionment of psychiatric permanent disability. The WCAB found that Dr. Sidle's report incorrectly addressed causation of injury rather than apportionment of disability, and Dr. Keins' report was rejected as non-substantial due to prior rulings on industrial causation. Therefore, the WCAB has appointed Dr. Roy Curry as a "regular physician" to conduct a new evaluation on the issue of psychiatric permanent disability.

Petition for ReconsiderationDevelopment of RecordLabor Code section 5701Industrial InjuryPsychiatric InjuryCompensable ConsequenceSection 5803Section 5804Section 5410Permanent Total Disability
References
3
Case No. MISSING
Regular Panel Decision

Develop Don't Destroy (Brooklyn), Inc. v. Empire State Development Corp.

The court reviewed CPLR article 78 petitions challenging the New York State Urban Development Corp.'s (ESDC) modification of the Atlantic Yards Project plan under the State Environmental Quality Review Act (SEQRA). Petitioners argued ESDC irrationally maintained a 10-year project build-out date and failed to mandate a supplemental environmental impact statement (SEIS), despite significant project delays outlined in new agreements. The court found ESDC's continued use of the 10-year build date arbitrary and capricious and its environmental analysis inadequate, necessitating an SEIS to address prolonged construction impacts. However, the court denied a stay on Phase I construction, citing its advanced stage and prior environmental review.

Environmental ReviewSEQRAAtlantic Yards ProjectProject Build-Out DelaySupplemental Environmental Impact Statement (SEIS)Rational Basis ReviewArbitrary and CapriciousDevelopment AgreementMTA AgreementNeighborhood Character Impacts
References
19
Case No. MISSING
Regular Panel Decision

Klein v. A.D. Development Ltd.

Frank Klein's motion to consolidate action numbers 1 and 2 was granted without opposition. Defendant Kala Zaveri, also president of A.D. Development Ltd., filed a cross-motion for summary judgment in the consolidated action, arguing she was exempt from liability under Labor Law § 240 (1) as an owner of a single-family dwelling. However, the court denied her motion, finding that the dwelling was part of a commercial enterprise intended for resale, not personal use. The court reasoned that the homeowner's exemption did not apply to commercial developers, emphasizing the statute's intent to place responsibility for worker safety on those best suited to provide such safeguards.

Labor Law § 240 (1)Homeowner ExemptionCommercial EnterpriseSummary JudgmentStatutory InterpretationWorker SafetyConsolidated ActionDeveloper LiabilityThird-Party Action
References
3
Case No. 05-16-01206-CV
Regular Panel Decision
Dec 07, 2016

In re BCH Development, LLC

This case involves a mandamus petition filed by BCH Development, LLC challenging a trial court's order granting a new trial in a deed restriction case. The underlying dispute concerned BCH's construction of a home and an award of attorney's fees to Barbara Wohlrabe and Lakeview Heights Addition Property Owners’ Association. The jury awarded $290,000 in attorney's fees, but the trial court granted a new trial based on alleged limine order violations, improper jury argument, and insufficiency of evidence. The appellate court reviewed the trial court's reasons and found them not legally appropriate or supported by the record. Consequently, the appellate court conditionally granted mandamus relief, directing the trial court to vacate its new trial order and enter judgment on the jury's original verdict.

Mandamus ReviewNew Trial OrderAttorney's FeesSummary JudgmentDeed RestrictionsJury VerdictAbuse of DiscretionLegal SufficiencyFactual SufficiencyLimine Orders
References
27
Case No. MISSING
Regular Panel Decision

Anderson v. New York State Urban Development Corp.

This case involves a judicial review of a determination by the New York State Urban Development Corporation (doing business as Empire State Development Corporation) to condemn real property. The petitioners challenged the determination on two grounds: first, that the respondent failed to make a specific finding regarding a feasible method for relocating displaced families as required by the UDC Act § 10(g); and second, that the respondent did not adequately consider the socioeconomic impact of displacement under the State Environmental Quality Review Act (SEQRA). The court found no merit in the petitioners' contentions, concluding that the respondent did make the necessary finding for relocation, which was supported by the final environmental impact statement (FEIS). The court also determined that the respondent properly considered the project's socioeconomic impact on the community as a whole, satisfying SEQRA requirements. Consequently, the court confirmed the respondent's determination, denied the petition, and dismissed the proceeding.

Eminent DomainCondemnationEDPL 207SEQRARelocation PlanPublic UseEnvironmental ReviewUrban DevelopmentJudicial ReviewDisplaced Persons
References
5
Case No. MISSING
Regular Panel Decision

East Thirteenth Street Community Ass'n v. New York State Urban Development Corp.

Petitioners, comprising local condominium boards, tenants, and residents, challenged the New York State Urban Development Corporation's (UDC) determination to acquire a lot for a homeless housing facility. They argued that UDC exceeded its statutory jurisdiction, its findings were defective, the project's funding was illegal, and its use of override powers was improper. The court affirmed UDC's determination, concluding that its actions were within its statutory authority, its findings were well-supported by the record, and the funding and override powers were appropriately exercised. Additionally, the court reviewed and upheld the Housing Finance Agency's (HFA) negative environmental declaration under the State Environmental Quality Review Act (SEQRA). The court also dismissed claims of unconstitutional delegation of legislative authority, referencing established precedents.

CondemnationEminent DomainUrban DevelopmentHomeless HousingSEQRAEnvironmental ReviewStatutory JurisdictionOverride PowersPublic PurposeBlighted Areas
References
12
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