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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

Simon Ramirez and Cynthia Ramirez v. Dr. Jose Carreras

Simon Ramirez sustained a lower back injury while working, leading to a spinal fusion. K-Mart's worker's compensation carrier hired Dr. Jose Carreras to conduct a range-of-motion examination for disability rating. Simon and Cynthia Ramirez alleged Dr. Carreras caused further injury by forcefully bending Simon during the examination. The trial court directed a verdict on assault and battery but presented the common law negligence claim to the jury, which found no negligence. The appellate court affirmed the trial court's judgment, upholding the jury's verdict. It also ruled that the Texas Medical Liability and Insurance Improvement Act was not applicable due to the absence of a physician-patient relationship between Dr. Carreras and Simon Ramirez, reaffirming its prior decision on this matter as the law of the case.

NegligenceMedical ExaminationDuty Not To InjureWorker's CompensationPhysician-Patient RelationshipCommon Law NegligenceDirected VerdictAppellate ReviewSufficiency of EvidenceMedical Malpractice Act Inapplicability
References
5
Case No. 07-06-0234-CV
Regular Panel Decision
Oct 17, 2006

in the Matter of the Marriage of Anthony Scott Brown and Glenda Darlene Brown AKA Glenda Darlene Romines

Appellant Anthony Scott Brown appealed the dismissal of his divorce petition. The appellate court found the dismissal was based on a mistaken belief of intentional non-prosecution and reversed and remanded his case. The opinion also addressed claims by Alashmawi against IBP concerning work-related injuries and ERISA preemption. The court affirmed the summary judgment against Alashmawi's common law negligence claims, but reversed and remanded the summary judgment regarding his contract and Texas Penal Code section 32.46 claims due to pleading deficiencies, sending these issues back to the trial court for further proceedings.

DivorceDismissalReinstatementAppealNegligenceSummary JudgmentERISA PreemptionContract LawTexas Penal CodeLabour Law
References
46
Case No. MISSING
Regular Panel Decision

In re Carrera

Dr. Gumersindo P. Carrera, a self-employed physician with a part-time instructorship, filed a Chapter XIII bankruptcy petition, listing significant income from private practice and over $230,000 in unsecured debts. A creditor moved to dismiss the case, arguing Dr. Carrera was not a "wage earner" as defined under the Bankruptcy Act, as his principal income did not come from wages, salary, or commissions. The Court, presided over by Judge John J. Galgay, found that Dr. Carrera's income structure, heavily reliant on his medical practice, did not meet the statutory definition of a wage earner. Despite arguments for a liberal interpretation, the Court ruled it could not disregard the clear limitations of Chapter XIII. Furthermore, Dr. Carrera's debts exceeded the $100,000 limit for relief under the newly liberalized Chapter 13. Consequently, the Court dismissed the petition.

BankruptcyChapter XIIIWage Earner DefinitionSelf-Employed PhysicianIncome QualificationCreditor MotionStatutory InterpretationBankruptcy ActDebtor EligibilityDismissal
References
5
Case No. M2002-00488-CCA-R3-CD
Regular Panel Decision
Dec 19, 2002

State of Tennessee v. Glenda Ponder

Glenda Ponder appealed the DeKalb County Criminal Court's revocation of her probationary sentence and the subsequent order to serve her incarcerative sentence. Ponder was initially convicted of drug charges in 1997 and placed on a four-year probation, which was violated in 1999 for failing to report, leading to a 45-day jail term and transfer to community corrections. In June 2001, another probation violation warrant was issued, alleging violations related to worthless check charges and unpaid probation fees. Ponder admitted to the violations but cited financial hardship and a prior back injury and worker's compensation settlement as contributing factors. The lower court, however, determined she had the means to pay but selectively chose not to, and had been afforded previous opportunities. The Court of Criminal Appeals of Tennessee affirmed the lower court's decision, finding no abuse of discretion given Ponder's admitted violations and prior chances.

Probation RevocationDrug ChargesWorthless ChecksFinancial HardshipWorker's CompensationJudicial DiscretionCriminal AppealAppellate ReviewSentencingTennessee Law
References
4
Case No. 13-09-00576-CV
Regular Panel Decision
Oct 27, 2011

Glenda Postert v. Calhoun County

Glenda Postert filed a trespass to try title suit against Calhoun County, seeking to quiet title to land and a declaratory judgment that the County had abandoned certain streets. The trial court granted Calhoun County's motion for summary judgment. On appeal, the Thirteenth District of Texas Court of Appeals affirmed the trial court's decision, concluding that Postert's suit was barred by governmental immunity, which prevents lawsuits against governmental units without the state's consent, thereby depriving the trial court of subject-matter jurisdiction.

Governmental ImmunityTrespass to Try TitleSummary JudgmentDeclaratory JudgmentSovereign ImmunityAppellate ReviewLand DisputeQuiet TitleTexas LawCalhoun County
References
14
Case No. E2001-00264-CCA-R3-CD
Regular Panel Decision
Aug 09, 2001

State of Tennessee v. Glenda Eva Tilley

Glenda Eva Tilley was convicted of theft over $10,000 for systematically pilfering over $20,000 from an elderly neighbor suffering from Alzheimer’s disease. Her scheme involved changing bank accounts, withdrawing certificates of deposit, and altering the victim’s will to name Tilley as the primary beneficiary. The trial court imposed a split-confinement sentence, suspending three years and placing her on eight years of intensive supervised probation, preceded by 300 days of incarceration. Tilley appealed, arguing for full probation or an alternative sentence without confinement. The appellate court affirmed the trial court's decision, citing Tilley’s lack of candor, credibility issues, and the need for deterrence given the serious nature of the offense, which exploited a vulnerable victim.

TheftElder AbuseFinancial ExploitationSentencingSplit ConfinementProbationDeterrenceCredibilityAlzheimer'sCriminal Enterprise
References
14
Case No. W2009-02668-COA-R3-CV
Regular Panel Decision
Jul 13, 2010

Glenda Hampton v. Northwest Tennessee Human Resource Agency

This is a personal injury case stemming from an automobile accident where an employee of Northwest Tennessee Human Resource Agency backed a van into a vehicle driven by Glenda Hampton. Ms. Hampton sustained a right shoulder injury that eventually required arthroscopic surgery. While liability was stipulated, the defendant disputed causation. The trial court found the accident caused Ms. Hampton's shoulder injury and awarded her $102,552.40 in damages. The Court of Appeals affirmed the trial court's judgment, upholding the findings on both causation and the damage award.

Personal InjuryAutomobile AccidentCausation DisputeShoulder InjuryArthroscopic SurgeryRotator Cuff TearLabral TearMedical Expert CredibilityDamage Award ReviewPain and Suffering Damages
References
20
Case No. 2018 NY Slip Op 01541 [159 AD3d 465]
Regular Panel Decision
Mar 08, 2018

International Fin. Corp. v. Carrera Holdings Inc.

This case concerns a breach of contract action filed by International Finance Corporation against Carrera Holdings Inc. after the latter refused to buy out the former's share in a joint venture. The dispute centered on a Put Option Agreement which stipulated that defendants were not obligated to pay if an 'Expropriatory Event' occurred. The trial court determined that the expropriatory clause was ambiguous but found, upon reviewing extrinsic evidence, that the parties intended a broader interpretation beyond complete nationalization. The court concluded that sufficient evidence existed to prove an Expropriatory Event, citing the Tajik government's interference with the joint venture's operations through various tax and regulatory actions. Ultimately, the Appellate Division affirmed the trial court's judgment, which had dismissed the breach of contract claim, and also dismissed related appeals concerning motions to strike testimony and for an adverse inference.

Breach of ContractJoint VenturePut Option AgreementExpropriatory EventGovernmental InterferenceTajikistanTaxation IssuesAppellate ReviewContract InterpretationMitigation of Damages
References
5
Case No. 06-13-00103-CV
Regular Panel Decision
Jul 16, 2014

the Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. Spoon alleged she was terminated for reporting various violations of law, including illegal campaigning and embezzlement, to the District Attorney. The Department claims Spoon's reports were not made in good faith and that she was terminated for failing to follow orders regarding a client's SAFPF admission and the chain of command. The court affirmed the trial court's denial of the plea, finding Spoon raised sufficient fact issues regarding her good-faith belief of reported violations and a causal link between her report and termination. The court identified a Fannin County Personnel Policy Manual section as a 'law' implicated by Spoon's report.

Whistleblower ActPublic Employee RetaliationSovereign Immunity WaiverPlea to the JurisdictionFannin CountyCommunity Supervision and Corrections DepartmentIllegal CampaigningEmbezzlement AllegationsTexas Government CodePersonnel Policy Violation
References
41
Case No. 2024-30-5862
Regular Panel Decision
Jan 14, 2026

Laymance , Glenda v K-VA-T Food Stores, Inc., dba Food City

This case involves an appeal by K-VA-T Food Stores, Inc., d/b/a Food City (Employer) from a trial court's order requiring payment of additional temporary total disability (TTD) benefits to Glenda Laymance (Employee). The Employee suffered a right shoulder injury and was initially placed at maximum medical improvement (MMI) by her authorized physician, Dr. Aaron Roberts. However, her condition worsened, leading to objective testing revealing a need for additional treatment, including surgery for severe post-traumatic osteoarthritis. Dr. Roberts subsequently rescinded his MMI determination. The Appeals Board affirmed the trial court's decision, concluding that the Employee had met her burden of proving entitlement to additional TTD benefits due to the physician's retraction of the MMI and the causal connection between the original injury and the new condition, and remanded the case.

Workers' CompensationTemporary Total DisabilityMaximum Medical ImprovementShoulder InjuryPost-traumatic OsteoarthritisSurgeryPhysician OpinionRescission of MMIExpedited HearingAppeals Board
References
8
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