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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. 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. MISSING
Regular Panel Decision
Jul 09, 2002

Florio v. Fisher Development, Inc.

Plaintiff was injured after falling from a ladder placed on a scaffold while performing plastering work at a Gap store in Westport, Connecticut. Fisher Development, Inc., the general contractor, was sued for common-law negligence and Labor Law violations. The Supreme Court initially dismissed the Labor Law § 240 (1) claim but denied dismissal for Labor Law § 200 and common-law negligence. On appeal, it was determined that Connecticut law applied, making New York Labor Law sections inapplicable. The appeals court modified the previous decision, dismissing the Labor Law § 200 claim, but affirmed the denial of summary judgment for the common-law negligence claim, citing outstanding factual issues regarding Fisher's responsibility for safety.

Personal InjuryConstruction AccidentScaffolding FallLadder SafetyGeneral Contractor LiabilitySubcontractor NegligenceChoice of LawNew York Labor LawConnecticut Common LawSummary Judgment
References
4
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. 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

FISHER BY FISHER v. New York Health and Hospitals Corp.

Plaintiffs Naquan Fisher and Felice Fisher sued the New York City Health and Hospitals Corporation and three physicians for injuries sustained by Naquan in December 1993, alleging violations of the Emergency Medical Treatment and Active Labor Act (EMTALA) and medical malpractice. Naquan, initially discharged from Woodhull Hospital with a viral diagnosis after a snowball fight injury, later developed a severe brain abscess requiring emergency surgery. The defendants sought summary judgment on the federal EMTALA claims. The court granted summary judgment, finding no private cause of action against individual physicians under EMTALA and concluding that the hospital's screening and stabilization procedures did not violate the statute's equal treatment requirements. However, the court opted to retain supplemental jurisdiction over the state law medical malpractice claim, citing the extended legal process and the infant plaintiff's ongoing suffering.

Summary JudgmentEMTALAMedical MalpracticeEmergency Room CareHospital LiabilityPhysician LiabilityMisdiagnosisPatient DischargeFederal ClaimsState Law Claims
References
21
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. 47 Tex. Sup. Ct. J. 1028
Regular Panel Decision
Sep 03, 2004

In Re Commitment of Fisher

This case involves the civil commitment of Michael James Fisher as a sexually violent predator under the Texas Civil Commitment of Sexually Violent Predators Act. The Supreme Court of Texas addresses whether the Act is punitive or civil, concluding that it is civil based on legislative intent and its non-punitive effects, despite provisions for criminal penalties for violations of commitment conditions. The opinion also rejects Fisher's arguments regarding the right to be competent at trial in a civil commitment proceeding, Fifth Amendment self-incrimination, and facial vagueness challenges to the Act's "behavioral abnormality" definition and individualized treatment. The Court reversed the court of appeals' judgment, which had found the Act punitive and unconstitutional, and affirmed Fisher's civil commitment.

Sexually Violent Predator ActCivil CommitmentDue ProcessConstitutional LawPunitive vs. CivilBehavioral AbnormalityMental CompetencyFifth AmendmentVagueness ChallengeOutpatient Treatment
References
54
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

Erie County Industrial Development Agency v. Roberts

This CPLR article 78 proceeding addresses whether the prevailing wage requirement of Labor Law § 220 applies to private construction projects financed by industrial development agencies using tax-exempt bonds. The petitioners, Quo Vadis Editions, Inc. and Erie County Industrial Development Agency, challenged the Commissioner of Labor's determination that such projects constitute "public works." Special Term ruled against the Commissioner, prohibiting the application of the prevailing wage requirement. The appellate court affirmed Special Term's decision, concluding that these projects are not "public works" because their fundamental purpose is private, with the private developer retaining economic ownership and benefits, despite the agency's formal title for financing mechanisms.

Prevailing WageIndustrial Development AgenciesTax-Exempt BondsPublic Works DoctrineLabor LawGovernmental FunctionPrivate DevelopmentDeclaratory ReliefStatutory InterpretationEconomic Development Incentives
References
9
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