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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Cherqui v. Westheimer Street Festival Corp.

This case involves an appeal by Albert Cherqui from a directed verdict in a personal injury lawsuit against the Westheimer Street Festival Corporation, the City of Houston, and Officer John Bryson. The incident arose when off-duty police officers, paid by the Corporation, were enforcing no-parking signs at a festival. Cherqui, after being ticketed, had a confrontation with Officer Bryson in his home, leading to a wrist injury and subsequent arrest. The appellate court affirmed the trial court's decision, ruling that the Corporation was not vicariously liable because the officers were acting in their official capacity and as independent contractors. Furthermore, the City was immune from liability due to a lack of direct proximate cause between the placement of no-parking signs and Cherqui's injury, and Officer Bryson was entitled to official immunity as his actions were deemed to be in good faith.

Personal InjuryPolice MisconductDirected VerdictRespondeat SuperiorOfficial ImmunityGovernmental ImmunityProximate CauseAppeals CourtTexas LawOff-duty Officer
References
34
Case No. 14-02-00731-CV
Regular Panel Decision
Aug 28, 2003

Cherqui, Albert v. Westheimer Street Festival Corporation, City of Houston, and John Bryson

Albert Cherqui appealed a judgment affirming a directed verdict in favor of the Westheimer Street Festival Corporation, the City of Houston, and Officer John Bryson, stemming from a personal injury lawsuit. Cherqui was injured during a confrontation with off-duty police officers, including Bryson, after receiving a parking citation at a street festival. The appellate court upheld the trial court's decision, ruling that the officers were acting in an on-duty capacity enforcing public laws, thus precluding vicarious liability for the Corporation. The court also found no proximate cause between the City's placement of no-parking signs and Cherqui's injury, and determined Officer Bryson was entitled to official immunity as he acted in good faith during a discretionary duty.

Personal InjuryDirected VerdictRespondeat SuperiorOfficial ImmunityGovernmental LiabilityPolice MisconductOff-Duty OfficerProximate CauseAppellate ReviewTexas Tort Claims Act
References
32
Case No. MISSING
Regular Panel Decision

Claim of Fischer v. Kaleida Health

The claimant, a visiting nurse, sustained a broken left arm after falling while returning to her vehicle from lunch at an outdoor festival between patient appointments on July 22, 2007. She sought workers' compensation benefits. A workers' compensation law judge established the claim, finding the injury arose out of and in the course of her employment. This decision was affirmed by a divided panel of the Workers' Compensation Board and then by the full Board. The employer and carrier appealed, arguing that the claimant’s travel to the festival constituted a disqualifying deviation from her employment. The court affirmed the Board's determination, finding substantial evidence to support the conclusion that dining at the festival did not constitute a disqualifying deviation, considering she was an “outside employee” and it was reasonable to obtain a meal.

Outside EmployeeAccidental InjuryCourse of EmploymentLunch BreakDeviation from EmploymentAppellate ReviewAffirmationVisiting NurseInjury CompensationEmployment Scope
References
5
Case No. MISSING
Regular Panel Decision

Funes v. VILLATORO

The appellate court addressed a dispute between Ursula Marisol Funes and Mauricio Funes (appellants) and Ernesto Antonio Villatoro (appellee) concerning the ownership of trade names "Buenos Dias El Salvador" and "Festival Guanaco," and claims of tortious interference. The initial dispute arose from an advertising disagreement for an El Salvadoran festival, leading the Funeses to register the names Villatoro claimed to own and send a cease-and-desist letter. Villatoro sued, alleging libel, tortious interference, and seeking declaratory judgment on trade name ownership. While a jury initially sided with Villatoro, the appellate court reversed several key findings due to insufficient evidence regarding trade name ownership, tortious interference, and lost profits. Consequently, the court reversed the declaratory relief and permanent injunction granted to Villatoro and remanded the issue of attorney's fees.

Trade NamesSecondary MeaningTortious InterferenceLost ProfitsDeclaratory JudgmentInjunctive ReliefAttorney's FeesSufficiency of EvidenceAppellate ReviewRadio Show
References
26
Case No. NO. 14-09-01023-CV
Regular Panel Decision
Sep 22, 2011

Mauricio Funes and Ursula Marisol Funes v. Ernesto A. Villatoro

The Funeses appealed a trial court's judgment favoring Villatoro regarding trade name ownership, tortious interference, lost profits, and attorney's fees. Villatoro cross-appealed concerning appellate attorney's fees. The Fourteenth Court of Appeals reversed the findings that "Buenos Dias, El Salvador" and "Festival Guanaco" were Villatoro's trade names due to insufficient evidence of secondary meaning. Consequently, the court also reversed the permanent injunction against the Funeses and the award of damages for tortious interference. The issue of attorney's fees was remanded to the trial court for reconsideration, given the partial reversal of the declaratory relief. Villatoro's cross-appeal for appellate attorney's fees was overruled for lack of preservation.

Trade NamesSecondary MeaningTortious InterferenceLost ProfitsDeclaratory JudgmentAttorney's FeesInjunctive ReliefAppellate ReviewSufficiency of EvidenceTexas Law
References
32
Case No. MISSING
Regular Panel Decision

Maheshwari v. City of New York

This case concerns an appeal from an order denying summary judgment to defendant Delsener/Slater Enterprises, Ltd. The plaintiff, Ram Krishna Maheshwari, was assaulted in a parking lot during the 1996 Lollapalooza Festival. The Appellate Division reversed the lower court's decision, granting summary judgment to the defendants, Delsener/Slater Enterprises, Ltd. and the City of New York, and dismissing the complaint. The majority opinion found the criminal attack to be unforeseeable and not proximately caused by any alleged inadequacy in security measures, distinguishing the case from a prior related case, Florman v City of New York. A dissenting opinion argued that foreseeability and the adequacy of security constituted factual questions for a jury, citing the nature of the concert audience, prior arrests at similar events, and evidence suggesting a lack of assigned security patrols in the specific area where the attack occurred.

Concert SecurityPremises LiabilityForeseeability of CrimeProximate CauseSummary JudgmentAppellate ReviewLollapalooza FestivalParking Lot AssaultNegligenceThird-Party Criminal Act
References
5
Case No. MISSING
Regular Panel Decision

Federated Mutual Insurance v. Woodstock '99, LLC

Plaintiff Federated Mutual Insurance Co., as subrogee of American Hardwall Supply Company of Rome, initiated an action against Woodstock ’99, LLC, seeking to recover over $600,000 for property damage sustained by its insured at the Woodstock ’99 festival. Woodstock, in turn, filed a third-party action against Ace Hardware Corporation. The central dispute revolved around Federated's motion for partial summary judgment to dismiss Woodstock’s Thirteenth Affirmative Defense, which asserted a waiver of subrogation. The court analyzed whether a waiver of subrogation clause in the Woodstock agreement was incorporated by reference into a separate letter agreement between Ace and American. Ultimately, the court determined that the American letter agreement merely referenced the Woodstock agreement for informational purposes and did not demonstrate a clear intent to bind American to the subrogation waiver. Consequently, the court granted Federated's motion for partial summary judgment and dismissed Woodstock’s Thirteenth Affirmative Defense, alongside its Eleventh Affirmative Defense by stipulation.

Summary JudgmentSubrogationContract InterpretationInsurance PolicyWaiver ClauseIncorporation by ReferenceProperty DamageNegligence ClaimThird-Party ActionFestival Liability
References
8
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