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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

Julie Crouch v. Andrea Trinque and Koy Floyd

Julie Crouch sued her former supervisors, Andrea Trinque and Koy Floyd, for intentional infliction of emotional distress, defamation, tortious interference, and conspiracy following her employment termination from Tarleton State University. The trial court granted summary judgment for the defendants. On appeal, the court affirmed summary judgment for Koy Floyd on all claims and for Andrea Trinque on intentional infliction of emotional distress and conspiracy. However, the court reversed and remanded the summary judgment regarding defamation and tortious interference against Trinque, finding issues of fact concerning official immunity and malice, thus requiring further proceedings in the trial court.

Employment LawSummary JudgmentOfficial ImmunityDefamationTortious InterferenceIntentional Infliction of Emotional DistressCivil ConspiracyAppellate ReviewGood FaithActual Malice
References
29
Case No. 14-11-00673-CV
Regular Panel Decision
Mar 29, 2012

Glenn Floyd Smith v. Clement Aldridge, Jr.

Glenn Floyd Smith, appearing pro se, appealed a summary judgment granted in favor of Clement Aldridge, Jr., a licensed attorney. Smith had previously sued Aldridge for negligence, breach of fiduciary duty, fraud, breach of contract, and DTPA violations, stemming from Aldridge's representation of Smith in a food poisoning case where Smith refused a settlement offer and subsequently had a summary judgment taken against him. The trial court granted summary judgment, finding that Smith failed to designate an expert witness to prove causation for his professional negligence claim and that his other claims were either barred by the rule against fracturing or lacked sufficient factual support. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that expert testimony was necessary for the negligence claim and the other claims were appropriately dismissed.

Professional NegligenceLegal MalpracticeSummary JudgmentAttorney-Client RelationshipBreach of Fiduciary DutyFraudBreach of ContractDTPA ViolationsPro Se AppealAppellate Review
References
54
Case No. 07-02-0376-CV
Regular Panel Decision
Aug 09, 2004

Floyd Weatherton v. Liberty Mutual Insurance Company

Appellant Floyd Weatherton appealed a summary judgment entered against him in his suit against Liberty Mutual Insurance Company. Weatherton, injured in a work accident in 1994, received supplemental income benefits which were later terminated by a Texas Workers' Compensation Commission (TWCC) hearing officer in 1999; Weatherton did not appeal this decision. He subsequently sued Liberty Mutual, alleging breach of contract, bad faith, and violations of various Texas codes due to the termination of benefits and denial of medical treatments. The trial court granted summary judgment for Liberty Mutual. The appellate court affirmed the dismissal of claims related to supplemental income benefits, citing Weatherton's failure to exhaust administrative remedies. However, it reversed the summary judgment regarding claims for denial of medical benefits, remanding that portion of the case for further proceedings, as those claims were not fully addressed and evidence was lacking.

Workers' CompensationSummary JudgmentAdministrative RemediesSupplemental Income BenefitsMedical BenefitsBad FaithInsurance LawJurisdictionTexas LawAppellate Review
References
7
Case No. 01-13-00345-CV
Regular Panel Decision
Jan 16, 2014

Willis Floyd Wiley v. American Zurich Insurance Company

Willis Floyd Wiley sought death benefits from American Zurich Insurance Company after a work-related death, but his claim was denied by the Texas Department of Insurance Division of Workers’ Compensation Hearing Officer and the Appeals’ Panel, with the decision becoming final on February 28, 2011. Wiley initially sued American Zurich in federal court for civil rights violations, which was dismissed in October 2011. Over a year later, in November 2012, Wiley filed a state court lawsuit challenging the denial of death beneficiary status. The trial court dismissed the suit for lack of jurisdiction due to untimeliness. On appeal, the First District of Texas Court of Appeals affirmed the dismissal, holding that Wiley's state court suit, filed nearly 21 months after the administrative decision became final, failed to meet the 45-day deadline for judicial review set by TEX. LAB. CODE ANN. § 410.252(a). The court also noted the ongoing debate regarding whether this deadline is jurisdictional following Dubai Petroleum Co. v. Kazi but proceeded to review the trial court's order as a jurisdictional plea.

Death BenefitsJurisdictionTimeliness of FilingAppeals Court DecisionJudicial ReviewTexas Labor Code § 410.252(a)Plea to the JurisdictionSubject-Matter JurisdictionAdministrative DecisionFinality of Order
References
18
Case No. ADJ9116799
Regular
Nov 01, 2016

JOHN FLOYD vs. CYPRESS INSURANCE COMPANY (BHHC) for FLOYD, SKEREN & KELLY, LLP et al.

The Workers' Compensation Appeals Board denied the Petition for Removal in this case. Removal is an extraordinary remedy, and the Board only grants it when substantial prejudice or irreparable harm would result from denial, and reconsideration would be inadequate. In this instance, the Board found no persuasive evidence of such prejudice or harm, adopting the WCJ's reasoning for denial. Therefore, the petition was dismissed.

Workers' Compensation Appeals BoardPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law Judgeextraordinary remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.CYPRESS INSURANCE COMPANY
References
2
Case No. 02-19-00356-CV
Regular Panel Decision
Mar 11, 2021

Anthony James Floyd v. Gateway Mortgage Group

Anthony James Floyd initiated a lawsuit against Gateway Mortgage Group to prevent the foreclosure of his home. The trial court dismissed the case, concluding it lacked subject-matter jurisdiction due to the amount in controversy exceeding the statutory limit for county courts. On appeal, the Court of Appeals at Fort Worth determined this conclusion was incorrect. The appellate court explained that Tarrant County statutory county courts have expanded concurrent jurisdiction with district courts in specific civil cases, including suits to decide the issue of title to real property, irrespective of the amount in controversy. As Floyd's claim of wrongful foreclosure falls under such a category, the trial court had jurisdiction, leading to the reversal of the dismissal and a remand of the case.

ForeclosureSubject-matter jurisdictionAmount in controversyWrongful foreclosureReal property titleAppellate courtTexas Government CodeTarrant CountyStatutory county courtsDeed of trust
References
13
Case No. 11-06-00195-CV
Regular Panel Decision
Jul 17, 2008

Crouch v. Trinque

Julie Crouch, a former employee of Tarleton State University, sued her supervisors Andrea Trinque and Koy Floyd after her termination, alleging intentional infliction of emotional distress, defamation, tortious interference, and conspiracy. The defendants moved for summary judgment, citing sovereign and official immunity, and a lack of genuine issues of material fact. The trial court granted the motion, leading Crouch to appeal. The appellate court affirmed the summary judgment in favor of Koy Floyd on all claims. For Andrea Trinque, the court affirmed the summary judgment on the claims of intentional infliction of emotional distress and conspiracy, but reversed and remanded the claims for defamation and tortious interference, finding that material issues of fact remained.

Employment DisputeOfficial ImmunityDefamationTortious InterferenceIntentional Infliction of Emotional DistressCivil ConspiracySummary JudgmentAppellate ReviewTexas LawPublic Officials
References
25
Case No. W2023-00293-COA-R3-CV
Regular Panel Decision
Nov 29, 2023

Jose Marcus Perrusquia v. Floyd Bonner, Jr.

Jose Marcus Perrusquia, a journalist, filed a petition for judicial review under the Tennessee Public Records Act to gain access to surveillance video from inside the Shelby County Jail. The Shelby County Sheriff and District Attorney General denied his request, citing security exemptions in the Act. The chancery court upheld the denial, ruling that the exemption was discretionary and that the DA's office was not obligated to retain records it temporarily reviewed and returned. Perrusquia appealed, arguing the video's release was mandatory due to possible criminal activity and that the DA was a 'records custodian' with a duty to retain such records. The Court of Appeals affirmed the chancery court's decision, interpreting the statutory language 'may be made public' as permissive and clarifying that the Public Records Act does not require governmental entities to create or recreate records they do not possess.

Public Records ActGovernment TransparencySurveillance VideoShelby County JailSecurity ExemptionJudicial ReviewDiscretionary DisclosureRecords CustodianInjunctive ReliefLegislative Intent
References
53
Case No. 2016-08-0214 / 79060-2014
Regular Panel Decision
Jul 26, 2018

McCall, Floyd v. Ferrell Paving Co,

Floyd McCall, a cement truck driver for Ferrell Paving, sustained an injury in October 2014 after falling from his truck during a pre-trip inspection. He sought various benefits, including past temporary and medical benefits for cervical surgery, permanent partial disability for his neck, shoulder, and elbow, and future medical benefits. The central legal issue was whether his need for cervical surgery arose primarily out of and in the course and scope of his employment. The Court considered conflicting medical testimonies from multiple physicians regarding causation and impairment. Ultimately, the Court found that Mr. McCall did not meet his burden of proof, concluding that his cervical condition and surgery did not primarily arise from his work injury, leading to the denial of all requested workers' compensation benefits.

Workers' CompensationCervical SpondylosisForaminal StenosisRotator Cuff TearUlnar NeuropathyMedical CausationPre-existing ConditionPermanent ImpairmentBurden of ProofMedical Testimony
References
8
Case No. MISSING
Regular Panel Decision

Fisher v. GE Medical Systems

Plaintiffs Mark Fisher and Chuck Floyd filed a collective action complaint against GE Medical Systems under the Fair Labor Standards Act (FLSA), alleging improper compensation and overtime wages. Defendant GE Medical Systems filed a motion to dismiss and to compel arbitration and mediation. The court focused on the motion to compel mediation and found that the company's "RESOLVE Program," an internal dispute resolution process requiring mediation, constituted a binding agreement under the Federal Arbitration Act (FAA). The court rejected plaintiffs' arguments that mediation was inappropriate for FLSA claims and that the RESOLVE program lacked consent or consideration. Citing Tennessee contract law, the court ruled that the plaintiffs' continued employment and the mutual promises within the program served as sufficient consideration. Consequently, the defendant's motion to compel mediation was granted, and the case was stayed until the mediation process is completed.

Fair Labor Standards Act (FLSA)Mandatory MediationEmployment LawFederal Arbitration Act (FAA)Contract LawUnilateral ContractConsiderationCollective ActionOvertime WagesDispute Resolution
References
17
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