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Case Law Database

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

Case No. 03-14-00419-CV
Regular Panel Decision
Jul 08, 2015

Marshall Jackson, Jr. v. Denny Morrison, Janice Robinson, Gateway Foundation, Inc., Jesus Sanchez, Robert Auert, Patrick Lowe, and Anita Bjornaas

Marshall Jackson, Jr., an inmate, appealed the trial court's grant of summary judgment in favor of Denny Morrison, Janice Robinson, Gateway Foundation, Inc., Jesus Sanchez, Robert Auert, Patrick Lowe, and Anita Bjornaas. Jackson, previously at the Kyle Correctional Center, was disciplined and discharged from a drug treatment program operated by Gateway Foundation, Inc., for refusing to participate in activities. He filed a pro se petition alleging negligence and gross negligence against the defendants, claiming improper treatment and denial of legal counsel during a disciplinary hearing. The defendants filed a motion for summary judgment, arguing that Jackson's unanswered requests for admissions were deemed admitted, thereby negating essential elements of his claims. The appellate court affirmed the trial court's summary judgment, concluding Jackson waived issues by not addressing the traditional motion for summary judgment in his brief, and that the deemed admissions conclusively negated his claims.

summary judgmentinmate litigationnegligence claimgross negligencedisciplinary hearingrequests for admissionpro se litigantappellate procedurewaiver of issuescausation element
References
7
Case No. 2016 NY Slip Op 07864
Regular Panel Decision
Nov 22, 2016

Perez v. Gateway Realty LLC

Plaintiff Rafael Perez, a superintendent, suffered neck and back injuries while moving a heavy elevator motor at a building owned by Gateway Realty LLC. The injury occurred when a dolly wheel became stuck in a sidewalk crack, requiring Perez to lift the dolly. The Supreme Court granted summary judgment to Gateway Realty LLC, dismissing the complaint. On appeal, the Appellate Division, First Department, affirmed the decision, concluding that the action was barred by the Workers' Compensation Law due to an established employee/employer relationship between Perez and Gateway Realty LLC, and Perez's receipt of workers' compensation benefits.

Workers' Compensation LawSummary JudgmentAppellate DivisionEmployer-Employee RelationshipProperty Owner LiabilityPersonal InjurySidewalk DefectLabor LawAffirmed DecisionSuperintendent
References
3
Case No. MISSING
Regular Panel Decision
Sep 02, 2009

Allgood v. GATEWAY HEALTH SYSTEMS

This case involves an appeal in a medical negligence lawsuit brought by William and Rose Allgood against Dr. Christopher Hoffman and Gateway Medical Center. The central issue revolves around whether Dr. Hoffman waived his defense of insufficient service of process. The trial court initially granted summary judgment in favor of Dr. Hoffman, citing improper service and the expiration of the statute of limitations. However, the appellate court reversed this decision, concluding that Dr. Hoffman failed to comply with Tennessee Rule of Civil Procedure 8.03 by not accurately stating the factual basis for his defense in his answer and failing to amend it. Consequently, the appellate court ruled that Dr. Hoffman had waived the defense of insufficiency of service of process, remanding the case for further proceedings.

Medical negligenceService of processSummary judgment appealWaiver of defenseTennessee Civil ProcedureRule 8.03Statute of limitationsAffirmative defenseAppellate reversalPersonal service inadequacy
References
6
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. ADJ7516947
Regular
Jul 19, 2011

LAWRENCE SHANTELER vs. GATEWAY LIQUOR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding benefits to Lawrence Shanteler. Petitioners Gateway Liquor and State Compensation Insurance Fund argued the administrative law judge erred in finding the injury arose out of and occurred in the course of employment and raised a post-termination claim issue. The Board adopted the WCJ's report, emphasizing the significant weight given to the WCJ's credibility findings. The WCJ found Shanteler's testimony credible regarding the injury and his attempts to report it, discrediting contrary employer testimony and surveillance video evidence.

AOE/COEPetition for ReconsiderationWCALJCredibilitySubstantial EvidenceAuthenticationChain of CustodyPost-Termination ClaimDVR RecordingsIndustrial Injury
References
1
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. MISSING
Regular Panel Decision

First Interregional Equity Corp. v. Haughton

This case involves a motion by Defendant Gateway Bank to dismiss counts against it in the Third Amended Complaint filed by First Interregional Equity Corporation. First Interregional, a broker-dealer, alleges it was defrauded out of several hundred thousand dollars through the manipulation of 'penny stock' prices of Merlin Baines common stock. The Third Amended Complaint specifically alleges that Gateway Bank was negligent in the hiring, retention, and supervision of its vice-president, Raymond T. Bogert, and is vicariously liable under the doctrine of respondeat superior for his actions, which allegedly facilitated the fraudulent scheme. Gateway's motion sought dismissal for lack of subject-matter jurisdiction and failure to state a claim. The court denied the motion, finding supplemental jurisdiction over the state-law claims and a triable issue of fact regarding Bogert's apparent authority and Gateway's foreseeability of his conduct.

Securities FraudPenny StockBroker-Dealer LiabilityCorporate NegligenceRespondeat SuperiorApparent AuthoritySubject-Matter JurisdictionRule 12(b)(1) MotionRule 12(b)(6) MotionSupplemental Jurisdiction
References
17
Case No. MISSING
Regular Panel Decision

Abraham v. Greer

This case involves an appeal from an order dismissing a libel suit filed by Salem Abraham against Daniel Greer and Fix the Facts Foundation d/b/a AgendaWise. The dismissal occurred under Chapter 27 of the Texas Civil Practice and Remedies Code. The Texas Supreme Court remanded the case for the Court of Appeals to consider remaining issues, including journalist privilege, the status of Greer and AgendaWise as journalists, and the constitutionality of Chapters 22 and 27 of the Civil Practice and Remedies Code. The Court of Appeals overruled all issues, affirming the trial court's dismissal. It found that Abraham failed to preserve his complaints regarding the trial court's failure to rule on privilege objections and the journalist status, and concluded that the interplay between Chapters 22 and 27 did not unconstitutionally abridge Abraham's common law remedy for defamation under the open courts provision, as discovery was permissible, albeit limited.

LibelDefamationJournalist PrivilegeTexas Civil Practice and Remedies Code Chapter 27Texas Civil Practice and Remedies Code Chapter 22Anti-SLAPP StatuteOpen Courts ProvisionDue ProcessAppellate ReviewMotion to Dismiss
References
13
Case No. 2022 NY Slip Op 02063
Regular Panel Decision
Mar 24, 2022

Hasenzahl v. 44th St. Dev. LLC

The Appellate Division, First Department, considered an appeal concerning a Supreme Court order that granted a motion to sever and stay a second third-party action, and denied a motion for summary judgment. The court found that the Supreme Court providently exercised its discretion in severing and staying the second third-party action, citing that joint tortfeasors are not necessary parties. It further noted that Gateway and Woodworks' subcontracts provided for joint and several liability, allowing for apportionment in a separate proceeding. However, the Appellate Division modified the order by granting Gateway's motion for summary judgment, dismissing the common-law indemnification and contribution claims against it. This dismissal was based on the Workers' Compensation Law § 11, as the plaintiff, Gateway's employer, did not sustain a grave injury.

Appellate PracticeThird-Party ActionsSeverance and StaySummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation LawGrave InjuryJoint and Several LiabilitySubcontractor Agreements
References
5
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
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