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Case Law Database

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

Case No. 91D-1377
Regular Panel Decision
Mar 27, 1997

Turner v. Turner

This appeal concerns the eleven-year marriage dissolution of Ginger Dianne Griggs Turner and Robert Phillips Turner, Jr., heard by the Court of Appeals of Tennessee. The trial court's judgment, which granted Ms. Turner a divorce, sole custody of their two daughters, and established various support and property division orders, was affirmed as modified. Key modifications by the appellate court included reducing the award for Ms. Turner's attorney's fees, reassigning seventy boxes of Mr. Turner's personal property, and adjusting the constraints on his communications with his disability insurance carrier. The appellate court also upheld Mr. Turner's criminal contempt conviction for failing to comply with temporary support orders. The case has been remanded for further proceedings consistent with the appellate court's opinion.

DivorceMarital Property DivisionChild CustodyChild SupportSpousal SupportAlimony in SolidoRehabilitative AlimonyAttorney's FeesCriminal ContemptDisability Benefits
References
70
Case No. 14-05-00908-CV
Regular Panel Decision
Feb 27, 2007

Gilbane Building Company v. Two Turner's Electric Co. Dba Turner Electric Co.

In this case, Gilbane Building Company, a general contractor, appealed a judgment in favor of its electrical subcontractor, Turner Electric Company. Turner Electric sued Gilbane for breach of contract, alleging increased labor costs due to significant compression of the project schedule caused by Gilbane's decisions. The jury found in favor of Turner Electric, and the trial court awarded damages. The appellate court reviewed Gilbane's challenges regarding the sufficiency of evidence for damages and Turner Electric's compliance with contractual conditions for claims. The court affirmed the trial court's judgment, finding ample evidence to support Turner Electric's claims and noting that Gilbane had waived its procedural defenses.

Construction LawContract BreachSubcontractor DisputeGeneral ContractorDamages CalculationLabor CostsSchedule CompressionAppellate ReviewTexas Civil ProcedureBusiness Litigation
References
19
Case No. W2001-01429-COA-R3-CV
Regular Panel Decision
Jan 14, 2003

John C. Flowers v. Joseph E. Turner And Connie Turner

This personal injury case originated from an automobile accident in Madison County, Tennessee, involving John C. Flowers and Joseph E. Turner. Flowers, a truck driver, sued Turner for injuries, with Turner stipulating liability, and the case proceeded to trial on damages. The jury awarded Flowers $26,500 for past and future pain and suffering and past medical bills, but no damages for future medical expenses, permanent impairment, or lost earning capacity. The trial court affirmed the jury's verdict, denied Flowers' motion for an additur or new trial, and allowed the defendants to offset the verdict by a workers' compensation lien payment. The Court of Appeals affirmed the trial court's decision, finding material evidence to support the jury's findings and the permissibility of the offset.

Personal InjuryAutomobile AccidentWorkers' Compensation LienDamagesJury VerdictAdditurOffsetPermanent ImpairmentMedical ExpensesLost Earning Capacity
References
8
Case No. MISSING
Regular Panel Decision

Bachrow v. Turner Construction Corp.

This case concerns a third-party action initiated by Turner, a construction site owner and general contractor, against Lowy, the employer of an injured construction worker. Turner alleged Lowy breached a subcontract by failing to procure insurance that would cover Turner for all liabilities, including those arising from Turner's own negligence, as required by their agreement. The appellate court found that Lowy indeed breached the contract by providing insurance with limited coverage. However, the court reversed the lower court's grant of summary judgment in favor of Turner, deeming it premature. The reversal was based on the premise that it had not yet been determined whether Lowy's breach actually caused Turner any losses, a causal link dependent on the outcome of a separate declaratory judgment action regarding timely notice to Lowy's insurer, U.S. Fire. Consequently, Turner’s motion for summary judgment was denied, and the breach of contract claim was severed and consolidated with the declaratory judgment action.

Construction Site LiabilityBreach of ContractProcure InsuranceSummary JudgmentThird-Party ActionIndemnificationNegligenceTimely NoticeDeclaratory JudgmentAppellate Reversal
References
3
Case No. ADJ810666 (VNO 0554449)
Regular
Mar 11, 2013

CATHERINE PECK vs. GIBBS, GIDEN, LOCHER, TURNER, TRAVELERS

The Workers' Compensation Appeals Board denied reconsideration of an order regarding attorney fees. The applicant did not dispute the previously awarded attorney fee amount. The disputed $200 would have gone to the applicant's second attorney, not the applicant herself. Therefore, the Board upheld the WCJ's decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportOrder Approving Compromise and ReleaseAttorney's FeeApplicantDefendantGIBBS GIDEN LOCHER TURNERTRAVELERS
References
0
Case No. MISSING
Regular Panel Decision

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
Case No. MISSING
Regular Panel Decision

Wausau Business Insurance v. Turner Construction Co.

Defendant Turner Construction Company, Inc. moved for summary judgment seeking dismissal of the complaint from Central Synagogue Sanctuary, contractual indemnity from Central Synagogue, and insurance coverage. The dispute arises from a construction management agreement for renovations at Central Synagogue, which was destroyed by a fire allegedly due to subcontractor negligence. Central Synagogue claims Turner failed in its supervisory role regarding safety. The court denied Turner's motion, ruling that genuine issues of material fact existed regarding Turner's negligence in overseeing subcontractors and its responsibility for safety protocols. The decision further clarified that Turner was not exempt from joint and several liability and was not contractually entitled to insurance coverage directly from Central Synagogue.

Summary JudgmentContractual IndemnityConstruction ManagementNegligenceSubcontractor LiabilityInsurance Coverage DisputeJoint and Several LiabilityFire DamageNew York LawGeneral Obligations Law
References
33
Case No. MISSING
Regular Panel Decision

Turner v. Liberty Mutual Insurance Co.

Mrs. Turner sustained a back injury in 1974 while employed by Day & Zimmermann, Inc. She filed a worker's compensation claim with the Industrial Accident Board in October 1975, which was beyond the six-month statutory period. Liberty Mutual, the insurance carrier, moved for summary judgment, arguing the claim was untimely and Mrs. Turner lacked good cause for late filing. The trial court granted summary judgment. On appeal, Mrs. Turner argued that Liberty Mutual failed to file a sworn denial of her timely filing or good cause, as required by Tex.R.Civ.P. 93(n). The appellate court reversed the summary judgment, finding that under Rule 93(n), Mrs. Turner's allegations were conclusively presumed true due to Liberty Mutual's lack of a verified denial, and remanded the case for trial.

worker's compensationsummary judgmenttimely filinggood causeTexas Rules of Civil ProcedureRule 93(n)Rule 90verified pleadingswaiverappellate review
References
2
Case No. 11-09-00005-CV
Regular Panel Decision
Oct 08, 2009

Facility Insurance Corporation v. Kevin Loyd Gibbs

Kevin Loyd Gibbs suffered a workers' compensation injury in 1993, leading to lifetime income benefits from the Texas Department of Insurance, Division of Workers' Compensation. Facility Insurance Corporation appealed this determination, seeking to introduce new evidence regarding Gibbs's condition developed after the administrative process. Gibbs argued the trial court lacked jurisdiction for new evidence beyond the November 29, 2005, contested case hearing date. The trial court agreed, limiting jurisdiction to Gibbs's entitlement to benefits as of that date, allowing new evidence only if relevant to his condition on November 29, 2005. The Eleventh Court of Appeals affirmed the trial court's ruling, stating that the court's jurisdiction is limited to the issue presented at the original hearing and new evidence must pertain to that specific date.

Workers' CompensationInterlocutory AppealJurisdictionNew EvidenceLifetime Income BenefitsDisabilityAdministrative RemediesAppellate ReviewTrial Court AuthorityTexas Law
References
3
Case No. MISSING
Regular Panel Decision
May 18, 1999

In Re Turner Bros. Trucking Co., Inc.

This case involves a petition for writ of mandamus filed by Turner Brothers Trucking Company, Inc., challenging the trial court's denial of its motion to compel arbitration. The underlying dispute stemmed from a personal injury lawsuit filed by Tommy and Marilyn McCaskill against Turner Brothers after Tommy, an employee, was injured while operating a crane. Turner Brothers asserted that Tommy had signed an agreement to arbitrate disputes under the Federal Arbitration Act and sought its enforcement. The court determined that the Federal Arbitration Act was applicable, requiring a showing that the transaction 'substantially affected' interstate commerce, which Turner Brothers successfully demonstrated. However, the court ultimately upheld the trial court's decision, finding the arbitration agreement to be procedurally unconscionable due to Tommy's functional illiteracy and the circumstances under which the agreement was presented and signed. Consequently, the petition for writ of mandamus was denied.

Arbitration AgreementFederal Arbitration ActUnconscionabilityInterstate CommerceMandamusPersonal InjuryEmployment ContractContract LawTexas LawSupremacy Clause
References
20
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