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

Case No. 09-19-00309-CV
Regular Panel Decision
Jul 29, 2021

BAM Heavy Equipment and Repair, LLC and Bert T. Johnson v. Michael E. Jackson

Michael E. Jackson sued BAM Heavy Equipment and Repair, LLC and Bert T. Johnson for breach of contract regarding unpaid 'dividends' from an amended operating agreement. A jury found in Jackson's favor and awarded him $117,318. BAM appealed, raising issues concerning Jackson's membership status in the LLC, the sufficiency of evidence for damages, and alleged jury charge errors related to ratification and an unspecified agreement. The Court of Appeals affirmed the trial court's judgment, finding legally and factually sufficient evidence to support the damages award and no abuse of discretion in the jury charge or the admission of evidence.

Breach of ContractLLC MembershipJury VerdictDamages AwardLegal SufficiencyFactual SufficiencyJury InstructionsRatificationImplied RatificationCasteel Error
References
31
Case No. MISSING
Regular Panel Decision

Hegar v. Sunstate Equip. Co.

Sunstate Equipment Co., LLC, which rents heavy machinery, included delivery and pick-up fees in its Cost-of-Goods-Sold (COGS) deduction under Texas Tax Code section 171.1012. The Comptroller of Public Accounts, Glenn Hegar, audited Sunstate and disallowed these deductions, leading to an assessment of nearly $130,000 in taxes and $11,000 in penalties and interest. Sunstate paid under protest and sued for a refund, winning at the trial court. On appeal, the Court reversed the trial court's judgment, ruling that Sunstate's delivery and pick-up costs are not eligible for COGS deduction under section 171.1012(k-1) or section 171.1012(i). The Court clarified that the deduction is for costs of acquiring or producing the equipment, not for selling or distributing it.

Franchise TaxCOGS DeductionTax CodeHeavy Equipment RentalDelivery FeesPick-up FeesTax AuditSummary JudgmentStatutory ConstructionAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers, Local 17 v. Union Concrete & Construction Corp.

Plaintiff International Union of Operating Engineers, Local 17, AFL-CIO ("Local 17") filed a grievance against Union Concrete and Construction Corporation ("UCC") to compel arbitration regarding UCC's emergency snow removal work for Erie County in November 2014, alleging violations of their Collective Bargaining Agreement (CBA). UCC argued the work was not covered by the CBA's "Heavy and/or Highway Construction" definition, rendering the arbitration clause inapplicable. Magistrate Judge Jeremiah J. McCarthy issued a Report and Recommendation to grant UCC's motion for summary judgment and deny Local 17's. United States District Judge Richard J. Arcara conducted a de novo review and adopted the Magistrate Judge's findings in their entirety, concluding that the emergency snow removal work did not constitute "Heavy and/or Highway Construction" under the CBA. Consequently, Local 17’s motion for summary judgment to compel arbitration was denied, and UCC’s motion for summary judgment was granted, leading to the closure of the case.

Labor Management Relations ActCollective Bargaining AgreementArbitrabilitySummary JudgmentContract InterpretationEmergency Snow RemovalHeavy ConstructionHighway ConstructionScope of Arbitration ClauseDe Novo Review
References
26
Case No. No. 20-0505
Regular Panel Decision
Mar 11, 2022

in Re Eagleridge Operating, Llc

In this premises-defect case, Eagleridge Operating, LLC sought mandamus relief after a trial court struck its designation of Aruba Petroleum, Inc. as a responsible third party. Eagleridge contended that Aruba, a former wellsite owner-operator, held continuing responsibility for injuries from a burst gas pipeline under an independent contractor theory, despite having conveyed its ownership interest. The Supreme Court of Texas denied the petition, affirming the lower courts' decision that Occidental Chemical Corp. v. Jenkins was controlling. The Court reiterated that a property owner acts solely as an owner when improving its own property, and responsibility for premises defects generally transfers with the conveyance of ownership. The Court concluded that Aruba's compensation as operator of record did not transform its role from owner to independent contractor, and thus its responsibility terminated upon conveyance.

Premises liabilityMandamusResponsible third partyProperty ownershipOil and gas lawIndependent contractorOwner-operatorTexas Supreme CourtAppellate procedureCivil Practice and Remedies Code
References
28
Case No. 03-05-00455-CV
Regular Panel Decision
Apr 14, 2006

Startex First Equipment, Ltd. v. Aelina Enterprises, Inc.

This appeal arises from a dispute over the ownership of a .384-acre tract of commercial real property. Appellant Startex First Equipment, Ltd., appealed the trial court's summary judgment in favor of appellee Aelina Enterprises, Inc., which granted Aelina title to the property. The core issue was whether Startex's right of first refusal, originating from a 1970 Lease and Operating Agreement, survived previous sales of the property and was superior to Aelina's subsequent purchase option. The appellate court found that the explicit language in the Lease Agreement ensured the survival and assignability of the right of first refusal, making Startex's right superior. Therefore, the court reversed the district court's decision and rendered judgment in favor of Startex.

Right of First RefusalReal Property DisputeContract InterpretationSummary Judgment AppealLease AgreementPurchase OptionAssignability of RightsSuperiority of RightsConstructive NoticeInquiry Notice
References
15
Case No. MISSING
Regular Panel Decision

Claim of Thomson v. Brute Spring & Equipment, Inc.

Claimant, an employee of Brute Spring & Equipment, Inc., sustained injuries while trimming trees at the private residence of Howard Besecker, the company's owner. Besecker's homeowner's insurance company disclaimed coverage. Initially, a Workers' Compensation Law Judge found the homeowner's insurer responsible, but the Workers' Compensation Board reversed, holding Brute Spring's workers' compensation carrier, One Beacon Insurance, liable. On appeal, the Appellate Division reversed the Board's decision, concluding that the injury did not occur within the course of claimant's employment with Brute Spring. The court determined that the work performed exclusively benefited Besecker personally and was unrelated to Brute Spring's business operations, thus falling outside the scope of the carrier's policy.

Scope of EmploymentInsurance Coverage DisputeAppellate ReviewSubstantial EvidencePersonal Benefit RuleEmployer LiabilityCarrier ResponsibilityTree Trimming AccidentWorkers' Compensation Board DecisionOff-premises Work
References
4
Case No. MISSING
Regular Panel Decision

Startex First Equipment, Ltd. v. Aelina Enterprises Inc.

This case involves a dispute over the ownership of commercial real property in Bastrop County, Texas. Appellant Startex First Equipment, Ltd., appealed a trial court’s summary judgment that granted title to appellee Aelina Enterprises, Inc. The core issue was whether Startex's right of first refusal, originally granted to Pioneer Oil Company in a 1970 Lease and Operating Agreement, survived subsequent property sales and was superior to Aelina's later-acquired purchase option. The appellate court determined that the right of first refusal, explicitly stating that sales were 'subject to the terms of this lease,' indeed survived previous property transfers and was properly assigned to Startex. Consequently, the court found Startex's right to be superior to Aelina's purchase option, reversing the district court's decision and rendering judgment in favor of Startex.

real propertyright of first refusalpurchase optioncontract interpretationsummary judgmentappealproperty ownershipcommercial leaseassignability of rightsconstructive notice
References
17
Case No. MISSING
Regular Panel Decision

Rodriguez v. MODERN HANDLING EQUIPMENT OF NJ, INC.

Plaintiff Newton Rodriguez was injured while operating a forklift at his employer American Specialties, Inc. He subsequently sued Starlift Equipment Company, Inc., alleging negligence in the repair and maintenance of the forklift's brakes. Starlift moved for summary judgment, contending that the forklift it repaired was not the one involved in the accident. The court, presided over by District Judge McMahon, found that there was a genuine issue of material fact concerning the identity of the forklift and whether Starlift's actions, particularly its alleged negligent repairs, could be considered 'launching a force or instrument of harm' under New York law, thereby establishing a duty of care to Rodriguez. Consequently, the court denied Starlift's motion for summary judgment, ruling that these questions should be reserved for a jury.

Summary JudgmentForklift AccidentNegligenceDuty of CareThird-Party LiabilityMoch ExceptionMaterial Issue of FactExpert TestimonyHearsay ExceptionBusiness Records
References
23
Case No. 10-10-00171-CV
Regular Panel Decision
Mar 14, 2012

Mary Frances Haferkamp v. SSC Waco Greenview Operating Company, LP, Mariner Healthcare Management Company, SSC Pasadena Operating Company, LP, LLC, Savanseniorcare, LLC, Savaseniorcare Administrative Services, LLC

Mary Frances Haferkamp appealed the trial court's summary judgment in favor of SSC Waco Greenview Operating Company LP and other entities. Haferkamp sued for negligence due to an alleged workplace injury, claiming appellees were nonsubscribers to worker’s compensation insurance and failed to provide a safe workplace and adequate tools. Appellees moved for summary judgment, arguing lack of proximate cause and no breach of duty. The appellate court affirmed the summary judgment, finding that Haferkamp's deposition testimony conclusively established that the appellees' alleged negligence was not the proximate cause of her injury, as the patient's sudden act was unpreventable and she would not have used a gait belt even if available.

Negligence ClaimWorkplace InjurySummary Judgment AppealProximate CauseTexas Labor CodeNonsubscriber EmployerEmployer Duty of CareAppellate ReviewDeposition TestimonyGait Belt
References
14
Case No. 14-02-00627-CV
Regular Panel Decision
Aug 12, 2004

Coastal Terminal Operators and James W. McPherson v. Essex Crane Rental Corp.

This case involves a breach-of-contract dispute where Essex Crane Rental Corp., an equipment lessor, secured summary judgment against Coastal Terminal Operators and its president, James W. McPherson, who was held liable under a personal guarantee. The appellate court upheld the trial court's interpretation of McPherson's guarantee agreement, deeming it unambiguous, and dismissed arguments concerning lack of consideration, mutual mistake, failure of condition precedent, and unconscionability. However, the court found a genuine issue of material fact regarding the reasonableness of attorney's fees awarded to Essex. Consequently, the appellate court reversed and remanded only the attorney's fees issue for further proceedings, affirming all other aspects of the trial court's judgment.

Breach of ContractPersonal GuaranteeSummary JudgmentAppellate ReviewContract AmbiguityLack of ConsiderationMutual MistakeCondition PrecedentUnconscionabilityAttorney's Fees
References
19
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