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

Case No. 2021 NY Slip Op 01050 [191 AD3d 884]
Regular Panel Decision
Feb 17, 2021

Matter of Faith A. M. (Faith M.)

The mother, Faith M., appealed an order from the Family Court, Kings County, which found her to have derivatively neglected her child, Faith A.M. This finding stemmed from a prior neglect determination in May 2014 concerning her other children due to excessive corporal punishment, which the court deemed proximate in time to the current proceeding. The evidence presented, including statements from siblings, testimony from a school counselor, and observations of injuries, corroborated the ongoing use of excessive corporal punishment. The Family Court's assessment of the mother's credibility, finding her denials incredible, was supported by the record, reinforced by her guilty plea to disorderly conduct related to similar allegations. The Appellate Division affirmed the Family Court's order, as the mother failed to provide evidence that the circumstances leading to the neglect finding no longer existed.

Child NeglectDerivative NeglectCorporal PunishmentFamily Court ActAppellate ReviewParental JudgmentPreponderance of EvidenceCredibilityPrior FindingsRisk of Harm
References
11
Case No. MISSING
Regular Panel Decision

Young v. Norton

Lawrence D. Young (plaintiff) sued Debra J. Norton and Raymond A. Young (defendants) after falling from a ladder while installing gutters on a three-family residence. Plaintiff, who was paid in cash and services, used an unsecured ladder which 'kicked out,' causing him to fall 18 feet and sustain injuries. Plaintiff moved for summary judgment on liability under Labor Law § 240 (1), while defendants cross-moved to dismiss, arguing they were not 'owners' under the statute. The court determined both defendants, as fee owner (Norton) and life tenant (Young), qualified as 'owners' under Labor Law § 240 (1) due to their interest and control over the property. The court granted plaintiff's motion for summary judgment, finding defendants absolutely liable as the unsecured ladder failed, and denied defendants' cross-motions, concluding the absence of an eyewitness did not preclude summary judgment.

Ladder FallConstruction AccidentLabor Law Section 240(1)Owner LiabilityLife EstateFee SimpleSummary JudgmentWorkplace SafetyAbsolute LiabilityUnsecured Ladder
References
23
Case No. 15-24-00052-CV
Regular Panel Decision
Mar 10, 2025

Richard M. Young, Jr. A/K/A Richard Young v. Texas Parks and Wildlife Department, John Silovsky as Wildlife Division Director of Texas Parks and Wildlife Department, and the State of Texas

This Appellant's Reply Brief concerns an appeal by Richard M. Young, Jr. against the Texas Parks & Wildlife Department (TPWD) challenging the dismissal of his claims. Young, a deer breeder, contests TPWD's interpretation of "wild animal" and its actions related to his breeder deer, ranch, and breeding permits, arguing that they constitute an unconstitutional taking of private property without due process or just compensation. The brief highlights the argument that Young's selectively bred and confined deer are not "wild animals" under state ownership, and that his property interests, including land, business, and permits, are constitutionally protected. Citing recent Supreme Court precedents, Young argues for independent judicial review of agency statutory interpretations and emphasizes TPWD's failure to address his broader property claims. The Appellant seeks a reversal of the dismissal order or, alternatively, an opportunity to replead his expansive claims.

Wildlife ManagementProperty RightsDue ProcessInverse CondemnationJurisdictional PleaStatutory InterpretationAdministrative LawAppellate ProcedureDeer BreedingChronic Wasting Disease (CWD)
References
12
Case No. MISSING
Regular Panel Decision

Young v. Clear Lake Yacht Basin, Inc.

Robert Young was seriously injured in an explosion and fire on a Chris-Craft yacht, "TOPAZ," on June 9, 1966. Young sued multiple defendants, including Clear Lake Yacht Basin, Inc. (repair company), Security Insurance Co. (insurer), Jack A. Young (brother, executive officer, possible owner), Young Furniture Manufacturing Co. (employer, possible owner), and Surveyor Jack Roberts. Plaintiff alleged negligence and breach of warranty, claiming a leaking gas tank. The Court found that Young failed to prove by a preponderance of the evidence that the defendants' alleged derelictions caused the fire. It further concluded that plaintiff's own negligence, by activating electrical equipment after smelling strong gasoline fumes, was the proximate cause of the incident. Consequently, the Court denied all claims against the defendants, finding no liability based on warranty or negligence theories.

Yacht ExplosionMarine Surveyor NegligenceBreach of Warranty of SeaworthinessContributory NegligenceIndependent Contractor LiabilityInsurance Policy InterpretationAgency RelationshipEmployer-Employee LiabilityWorkers' Compensation SettlementMaritime Law
References
13
Case No. 05-20-00859-CV
Regular Panel Decision
Aug 11, 2022

Full of Faith Christian Center, Inc., Full of Faith Christian Center Ministries, Full of Faith Christian Center Ministries, Inc., Calvin Ray Calhoun, and Peggy Calhoun v. Kenneth May & Desire Ophelia Fuentes-May

Kenneth May and Desire Ophelia Fuentes-May (Appellees) sued Full of Faith Christian Center, Inc. and related entities/individuals (Appellants) for nuisance, trespass, negligence, and unlawful diversion of water. A no-answer default judgment was entered against Appellants. Appellants challenged the default judgment, raising issues with citation, substituted service, and an unserved supplemental petition, among others. The appellate court found service and citation were not defective and upheld the denial of the motion for new trial on most grounds. However, the court reversed the award of punitive damages against appellants jointly and severally, remanding for a new trial solely on exemplary damages, and affirmed the trial court's judgment in all other respects.

Default JudgmentService of ProcessSubstituted ServicePunitive DamagesJoint and Several LiabilityMotion for New TrialAppellate ReviewTexas Civil ProcedureNuisanceTrespass
References
33
Case No. W2012-00836-COA-R3-CV
Regular Panel Decision
Aug 13, 2013

Young ex rel. estate of Young v. Kennedy

This medical malpractice case concerns the application of the medical malpractice statute of limitations. The trial court granted summary judgment to defendant Dr. Lisa Kennedy and Methodist Health Systems, Inc., finding that the statute of limitations defense was not waived and was sufficiently pleaded. The court also found that the undisputed facts in the record supported a finding that the statute of limitations had expired. The Court of Appeals affirmed the trial court's decision, concluding that the plaintiff, Julia Young, had sufficient notice of her husband's injury and the alleged negligence of Dr. Kennedy by June 6, 2001, at the latest. Therefore, the complaint filed on June 11, 2002, was deemed untimely, and the petition to rehear was denied.

Medical MalpracticeStatute of LimitationsDiscovery RuleWrongful DeathSummary JudgmentWaiver of DefenseNegligenceHospital Acquired InfectionOver-medicationConstructive Notice
References
53
Case No. ADJ8160275
Regular

FAITH YOUNG vs. FAIRVIEW DEVELOPMENTAL SERVICES, STATE COMPENSATION INSURANCE FUND

In *Young v. Fairview Developmental Services*, the Workers' Compensation Appeals Board (WCAB) denied the applicant Faith Young's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) without providing independent grounds. Consequently, the WCAB affirmed the denial of reconsideration in this case.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportAdministrative Law JudgeLegally UninsuredState Compensation Insurance FundADJ8160275Anaheim District OfficeFaith Young
References
0
Case No. MISSING
Regular Panel Decision

Young v. Suffolk County

Plaintiff Deborah Young, individually and as guardian of her children, sued Suffolk County and various other defendants (County, Young, media, and Quatela defendants). She alleged violations of Fourth and Fourteenth Amendments, conspiracy under 42 U.S.C. §§ 1983, 1982, 1985, 1986, and state law claims. The claims stemmed from a February 21, 2007 incident where her ex-husband allegedly trashed her home and entered with police without consent, leading to her losing custody of her children. The Court GRANTED summary judgment for all remaining defendants, finding no evidence of state action or conspiracy by private parties and apparent authority for the County defendant's entry. The Court also DENIED the Young defendants' motion for sanctions and DISMISSED state law counterclaims without prejudice.

Section 1983Fourth AmendmentFourteenth AmendmentCivil RightsWarrantless SearchSummary JudgmentState ActorConspiracyQualified ImmunityApparent Authority
References
87
Case No. 2015-06-0860
Regular Panel Decision
Apr 13, 2016

Young, David v. Young Electric

David Young, an employee of Young Electric (YEC), filed a Request for Expedited Hearing seeking temporary disability and medical benefits for a neck injury sustained on May 11, 2015, during employment. YEC denied the claim, asserting the incident never occurred and questioning Young's credibility due to inconsistent statements and delayed reporting. The Court found Young's testimony more persuasive regarding the workplace accident and timely reporting. Consequently, the Court ordered YEC to provide ongoing medical treatment with Dr. N.K. Singh and reimburse Young for out-of-pocket medical expenses paid to Dr. Lanford, citing YEC's failure to timely provide a panel of physicians. However, Young's request for temporary disability benefits was denied as he failed to prove total disability for the requested period.

Expedited HearingMedical BenefitsTemporary Disability BenefitsWorkplace InjuryCausation DisputeCredibility of WitnessEmployer LiabilityPhysician PanelMedical ReimbursementBusiness Records Exception
References
8
Case No. 01C01-9605-CC-00208
Regular Panel Decision
May 22, 1998

State v. James Young

James Clayton Young, Jr., was convicted of felony murder and unlawful disposal of a corpse following the death of Joseph Ladd. Ladd's body was found in a ravine, showing signs of ligature strangulation and binding. Young initially denied involvement but later confessed to engaging in consensual sexual activity with Ladd, then binding and gagging him before strangling him during an attempted sexual act. He subsequently disposed of the body and evidence. The appellate court found multiple errors, including issues with expert medical testimony, the admission of a redacted audio recording of Young's statement, lay witness opinion testimony, and prosecutorial comments, which cumulatively warranted a reversal and remand for a new trial.

Criminal LawFelony MurderRapeAttempted RapeStrangulationEvidence SufficiencyJury UnanimityAdmissibility of EvidenceExpert WitnessLay Witness Testimony
References
120
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