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

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. 05-18-00261-CV
Regular Panel Decision
Aug 22, 2019

Richard Goldberg v. EMR (USA Holdings) Inc.

This case concerns an interlocutory appeal regarding the Texas Citizens Participation Act (TCPA) and its application to claims of breach of contract, trade secret misappropriation, and breach of fiduciary duty. Appellants, including Kenneth Goldberg and Geomet Recycling, appealed the denial of their motion to dismiss filed by Appellees, EMR entities. The dispute arose after Goldberg left EMR and established a competing scrap-metal recycling business, hiring former EMR employees. The Court of Appeals partially affirmed and partially reversed the trial court's order, dismissing claims for damages related to communications with scrap-metal suppliers and the 'Pecan House incident' due to insufficient prima facie evidence. However, claims concerning electronic information transfer and communications with purchasers were upheld, partly due to the commercial-speech exemption. The court also addressed and rejected constitutional challenges to the TCPA.

Texas Citizens Participation ActTrade Secret MisappropriationBreach of ContractBreach of Fiduciary DutyTortious InterferenceCommercial Speech ExemptionEmployment DisputeScrap Metal RecyclingConfidential InformationElectronic Data Transfer
References
59
Case No. 08-20-00025-CV
Regular Panel Decision
Aug 17, 2022

Ceci Ibarra v. Noah's Roofing and Construction

This case involves an appeal by Cecilia Ibarra against a judgment favoring Noah’s Roofing & Construction regarding a residential roofing and repairs contract. Ibarra argued that she was discharged from her payment obligations because Noah's Roofing allegedly committed a prior, material breach by performing unworkmanlike work. The trial court, however, found that Ibarra had certified the work as completed to her satisfaction and subsequently materially breached the contract by refusing to pay. The appellate court reviewed the trial court's findings and conclusions, ultimately affirming the judgment, concluding that Noah's Roofing performed its contractual obligations and Ibarra failed to prove a prior material breach or a breach of implied warranty.

Contract DisputeBreach of ContractMaterial BreachWorkmanlike MannerAffirmative DefenseSufficiency of EvidenceAppellate ReviewTrial Court JudgmentCertification of WorkNon-payment
References
21
Case No. 12-02-00053-CV
Regular Panel Decision
Feb 11, 2004

Paul Samuel Goldberg and Pacific Motor Transport Company, D/B/A Pacer v. James Dicks

James Dicks was injured after being ejected from a pickup truck following an evasive maneuver to avoid a collision with an eighteen-wheeler driven by Paul Samuel Goldberg, an employee of Pacific Motor Transport Company d/b/a Pacer. Dicks sued Goldberg and Pacer for negligence, and a jury found Goldberg entirely at fault, awarding Dicks significant damages. On appeal, Goldberg and Pacer challenged the sufficiency of evidence regarding contributory negligence, foreseeability, and the damage awards. The appellate court affirmed the jury's findings on negligence and foreseeability, and upheld the awards for future damages. However, the court modified the judgment by reducing the award for past medical expenses to the proven amount.

NegligencePersonal InjuryAutomobile AccidentContributory NegligenceForeseeabilityDamagesMedical ExpensesFuture Medical CareMental AnguishPhysical Pain
References
34
Case No. 2019-01-0368
Regular Panel Decision
Apr 01, 2020

Ibarra, Grecia v. Amazon Fulfillment Services, Inc.

Employee Grecia Ibarra reported back pain after lifting totes at work and sought medical benefits. After initial treatment and a referral to an orthopedic specialist by Dr. Natasha Ballard, Amazon declined the referral, asserting Ibarra failed to provide proper notice or identify a specific injury incident. The trial court ordered Amazon to provide a panel of orthopedic specialists. The Appeals Board affirmed the trial court's order, finding Ibarra provided sufficient notice and evidence of a work-related condition resulting from a "set of incidents," and that the physician's referral was presumed medically necessary. The case was remanded for further proceedings.

Workers' CompensationBack InjuryMedical BenefitsOrthopedic ReferralNotice of InjuryCumulative TraumaExpedited HearingMedical CausationEmployer ObligationsEmployee Rights
References
6
Case No. 2019-01-0368
Regular Panel Decision
Dec 19, 2019

Ibarra, Grecia M. v. Amazon Fulfillment Services, Inc.,

Ms. Grecia M. Ibarra, an employee, filed a claim alleging a low back injury from repetitively lifting heavy boxes while working for Amazon. An expedited hearing was held to determine her entitlement to a panel of orthopedists, which Amazon disputed, citing lack of timely notice, an identifiable injury, and causation. The Court found that Ms. Ibarra provided timely notice to Amazon and sustained a gradual, identifiable injury. Although Dr. Ballard, the panel physician, did not provide a causation opinion, the Court ruled that denying the claim on that basis at this stage was premature. Consequently, the Court ordered Amazon to provide Ms. Ibarra an orthopedist panel for her back injury.

Workers' CompensationBack InjuryGradual InjuryTimely NoticeCausationOrthopedist PanelExpedited HearingCumulative TraumaRepetitive MotionEmployer Liability
References
1
Case No. MISSING
Regular Panel Decision
Aug 08, 2000

Goldberg v. Lorusso

Joel Goldberg, a realtor, sustained a broken hip after being attacked by a German Shepard named Lupo at the home of Robert and Rose LoRusso, which he was attempting to preview for sale. Despite a "Beware of Dog" sign, the property listing indicated the dog would be secured, yet Lupo was unrestrained due to a communication lapse. The Supreme Court initially granted summary judgment to the defendants, finding no prior vicious propensities from the dog. However, the appellate court reversed this decision, reinstating Goldberg's complaint. The court ruled that a factual issue existed regarding the foreseeability of danger posed by an unrestrained dog in a house listed for public viewing by unaccompanied realtors, noting that the defendants usually secured the dog, indicating their awareness of potential issues.

Dog attackPersonal injuryNegligencePremises liabilityProperty owner liabilitySummary judgmentForeseeabilityRealtor injuryGerman ShepardAppellate review
References
8
Case No. MISSING
Regular Panel Decision

W.E. Stephens Manufacturing Co. v. Goldberg

W.E. Stephens Manufacturing Company (Stephens) appealed a summary judgment granted to Howard Goldberg, individually and d/b/a Supreme Laundry and D & G Investment Company (D&G). Stephens contracted with Tony Flores to assemble garments, and Flores subcontracted the laundering to D&G. When Flores failed to pay D&G, D&G retained Stephens' garments, demanding full payment of Flores's debt, not just for the held items. D&G claimed a constitutional and statutory lien under Texas Property Code Section 70.002. The appellate court examined whether the garment lien applied to all goods under a single contract, even if some were released or payment was deferred. The court reversed the summary judgment, finding that the statutory lien only applies to the specific garments for which payment is due and that the 'single contract' rule exception applies when the contract specifies a future time of payment, as was the case here.

ConversionBailment ContractGarment LienSummary Judgment AppealPossessory LienArtisan's LienTexas Property CodeContract LawAppellate ReviewCommercial Dispute
References
20
Case No. MISSING
Regular Panel Decision

Goldberg v. Corcoran

Donald D. Goldberg, an orthopedic surgeon, challenged the constitutionality of New York Insurance Law § 5108, which limits the fees health service providers can charge under the 'no-fault' motor vehicle insurance act. Goldberg argued the law violated due process, was vague, denied equal protection, and impaired contract rights. The Supreme Court initially dismissed the complaint, and this court reviewed the decision. The appellate court affirmed the dismissal of claims brought on behalf of the fictitious 'John Doe' but found Goldberg's individual claims justiciable. The court ultimately declared Insurance Law § 5108 constitutional, ruling that the fee limitations are a valid exercise of the state's police power aimed at controlling no-fault insurance premiums and are reasonably related to a legitimate state objective. The court concluded that the statute does not infringe upon due process, contract rights, equal protection, or privacy, and modified the judgment to reflect this declaration.

Insurance Law § 5108no-fault insurancemedical fee scheduleconstitutional challengedue processequal protectionright to contractvagueness doctrineprivacy rightsWorkers' Compensation Law
References
14
Case No. 08-04-00232-CV
Regular Panel Decision
Aug 25, 2005

W. E. Stephens MFG. Co. v. Howard Goldberg, in His Individual Capacity and D/B/A Supreme Laundry and D & G Investment Company

W.E. Stephens Manufacturing Company (Stephens) appealed a summary judgment granted in favor of Howard Goldberg, d/b/a Supreme Laundry, and D & G Investment Company (D & G). Stephens, a garment manufacturer, contracted with Tony Flores to assemble and finish garments. Flores sub-contracted the laundering to D & G. When Flores failed to pay D & G, D & G refused to release garments belonging to Stephens, asserting a lien. Stephens sued D & G for conversion and breach of a bailment contract. D & G claimed a constitutional and statutory lien. The trial court granted summary judgment for D & G. The appellate court reversed and remanded, finding that the garment lien under Section 70.002 of the Texas Property Code did not apply as D & G had returned multiple lots of garments prior to payment, and the contract specified a future time of payment.

Summary JudgmentConversionBailment ContractGarment LienPossessory LienTexas Property CodeContract LawAppellate ReviewRemandSubcontractor
References
20
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