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

Case No. M2008-02060-COA-R3-CV
Regular Panel Decision
Feb 04, 2010

Dalton Reb Hughes and wife, Sandra Hines Hughes v. Metropolitan Government of Nashville and Davidson County, Tennessee

A Metro public works employee, Frank Archey, injured Dalton Reb Hughes, a Metro fire department employee, by negligently operating a front end loader. The incident, caused by a loud noise from the equipment, led Hughes to fall over a guardrail. Hughes sued Metro, which responded with a cross-claim against Archey and a counterclaim against Hughes for subrogation of payments. The trial court found Archey's actions negligent and within the scope of his employment, lifting Metro's immunity under the Governmental Tort Liability Act. It awarded Hughes $250,000, offset by $104,658.57 already paid by Metro. Metro appealed, arguing Archey acted intentionally and outside the scope of employment. The Court of Appeals affirmed the trial court's judgment, agreeing that Archey's conduct was negligent and that the tort of assault in Tennessee requires an intent to harm, which was not established in this case.

Governmental Tort Liability ActScope of EmploymentNegligenceIntentional TortAssaultHorseplayPublic Employee LiabilityMotor Vehicle OperationPersonal InjuryMunicipal Immunity
References
32
Case No. M2013-01558-COA-R3-CV
Regular Panel Decision
Dec 16, 2014

Channin S. Hughes v. Norman T. Hughes

This case involves a child custody dispute between Channin S. Hughes (Mother) and Norman T. Hughes (Father) amidst divorce proceedings. The trial judge initially designated the Mother as the primary residential parent. The Father subsequently filed a motion to reopen proof or reconsider and a petition to modify the parenting plan, alleging the Mother violated a court order prohibiting contact between the children and her boyfriend, Billy Gaddis. The trial court denied the motion and dismissed the petition to modify, finding no material change in circumstances sufficient to alter the custody arrangement. The Court of Appeals affirmed the trial court's decision, acknowledging the Mother's dishonesty but concluding that the trial judge did not abuse discretion given the Father's own erratic behavior and mental health issues.

child custodydivorceparenting planprimary residential parentmaterial change in circumstancesabuse of discretionappellate reviewcredibilityerratic behaviormental health issues
References
14
Case No. 09-04-539 CV
Regular Panel Decision
Aug 11, 2005

Richard Koskey v. Baker Hughes, Inc.

This appeal stems from a summary judgment granted to Baker Hughes, Inc. (BHI), a parent corporation, which claimed protection under the Texas Workers' Compensation Act's "exclusive remedy" provision. The original suit was brought by Richard Koskey, an employee of BHI's subsidiary, Baker Hughes Tubular Services, Inc. (Tubular), alleging pulmonary silicosis from work-related exposure. BHI contended that the Act provided the sole remedy for Koskey's injuries. However, the appellate court determined that BHI failed to conclusively establish two critical elements of its affirmative defense: proving it was Koskey's employer and demonstrating workers' compensation insurance coverage for Koskey's injury. Consequently, the trial court's summary judgment in BHI's favor was reversed, and the case was remanded for further proceedings.

Workers' CompensationExclusive RemedySummary JudgmentParent Corporation LiabilityEmployer DefinitionInsurance CoverageJudicial AdmissionsPulmonary SilicosisOccupational DiseaseTexas Law
References
4
Case No. NO. 14-19-00969-CV; NO. 14-20-00078-CV; Trial Court Cause No. 2019-76841
Regular Panel Decision
Sep 08, 2020

Ruth R. Hughs, in Her Official Capacity as Secretary of State of the State of Texas v. Neal Dikeman, Shawn Kelly, Roy, Eriksen, Jared Wissel, Scott Ford, Billy Pierce, Christina Ford, Charlie Stevens, and Neko Antoniou

Appellees, members and candidates of the Libertarian party, sued Ruth R. Hughs, the Secretary of State of Texas, challenging Texas Election Code section 141.041 and an associated advisory. They argued these provisions, which required a filing fee or signature petition by a specified deadline for convention-nominated candidates, placed an unconstitutional burden on minor-party candidates. The trial court initially granted a temporary injunction and denied Hughs's plea to the jurisdiction. On appeal, the Court of Appeals affirmed the temporary injunction in part, specifically regarding the advisory's premature deadline, but reversed the injunction concerning section 141.041. The appellate court found that Appellees failed to waive sovereign immunity for their constitutional challenge to the statute. The court clarified that the advisory exceeded its statutory authority by applying the requirements to candidates *seeking* nomination rather than only to those *nominated* by convention, thus upholding the injunction against the advisory's overreach while allowing the core statutory requirement to stand for properly nominated candidates.

Election LawBallot AccessTemporary InjunctionSovereign ImmunityUltra ViresTexas ConstitutionFirst AmendmentFourteenth AmendmentMinor PartiesPolitical Candidates
References
69
Case No. MISSING
Regular Panel Decision

Hughes Tool Co. v. Richards

Willie D. Richards, an employee of Hughes Tool Company, sued his former employer for wrongful discharge, alleging he was fired for filing a worker's compensation claim, in violation of Tex.Rev.Civ.Stat. Ann. art. 8307c. A jury found in Richards' favor, awarding $30,000 in damages. Hughes appealed, contending Richards' claim was barred by the final adverse determination from the contractual grievance procedure he pursued with his union. The appellate court agreed with Hughes, ruling that an employee who elects to proceed through a grievance procedure resulting in a final settlement cannot then file a lawsuit under article 8307c, especially when no breach of the union's duty of fair representation is alleged. Consequently, the appellate court reversed the lower court's judgment and rendered a take-nothing judgment for Hughes.

Workers' CompensationWrongful DischargeGrievance ProcedureCollective Bargaining AgreementFinal SettlementUnion RepresentationTexas LawArticle 8307cAppellate ReviewJury Verdict Reversal
References
5
Case No. MISSING
Regular Panel Decision

Wagner v. HUGHES WOOD PRODUCTS, INC.

Mack Wagner appealed a trial court's summary judgment in favor of Hughes Wood Products, Inc. and Bailey Wagner in a personal injury suit. The appellate court first addressed the choice of law, determining that Texas law applied based on the 'most significant relationship' test and policy factors, despite the injury occurring in Louisiana. Consequently, the trial court erred in granting summary judgment on the basis of Louisiana law immunity. Second, the appellate court found that the defendants failed to establish employer status or their subscription to Texas workers' compensation insurance, therefore they could not invoke the exclusive remedy provision under Texas law. The trial court's judgment was reversed, and the case was remanded for further proceedings.

Personal InjurySummary JudgmentChoice of LawWorkers' CompensationExclusive RemedyTexas LawLouisiana LawAppellate ReviewEmployer StatusMost Significant Relationship Test
References
14
Case No. E2008-01385-COA-R3-CV
Regular Panel Decision
Aug 17, 2009

Bernard Hughes v. Demar Hudgins

The plaintiff, Bernard Hughes, claimed neck and back injuries from a rear-end collision with defendant Demar Hudgins' automobile. Although Hudgins admitted fault, a jury found Hughes suffered no damages, leading to no recovery. The trial court partially awarded Hudgins discretionary costs. On appeal, Hughes challenged the jury's verdict, while Hudgins disputed the limited cost award. The Court of Appeals affirmed the jury's finding of no damages but remanded the case for reconsideration of the discretionary costs.

Personal InjuryAutomobile AccidentNegligenceDamagesJury VerdictDiscretionary CostsMedical ExpensesExpert Witness TestimonyAppellate ReviewAbuse of Discretion
References
19
Case No. 12-09-00269-CV
Regular Panel Decision
Jul 30, 2010

Yakov Elmakiss v. Karen G. Hughes, Esq.

Yakov Elmakiss appealed the trial court's summary judgment in a lawsuit he brought against Karen G. Hughes. Elmakiss sued Hughes for her conduct while representing his ex-wife in their divorce action. Hughes moved for traditional summary judgment, asserting that no cause of action existed for her conduct on behalf of an adverse party. The trial court granted summary judgment, which the appellate court affirmed. The court emphasized the common law rule that an attorney owes a duty of care only to her client, not to third parties, thereby limiting liability. It also rejected Elmakiss's claim under the Texas Civil Practice and Remedies Code § 110.003, as Hughes, a private attorney, did not qualify as a government agency.

Summary JudgmentAttorney LiabilityLegal MalpracticePrivityTexas Civil Practice and Remedies CodeAppellate ReviewDe Novo ReviewProfessional ResponsibilityThird-Party ClaimsAttorney-Client Relationship
References
26
Case No. MISSING
Regular Panel Decision

Hughes v. Sheahan

Petitioner Patrick Hughes filed an amended petition for a writ of habeas corpus, arguing ineffective assistance of trial and appellate counsel, involuntary confession, legally insufficient evidence for his convictions, and Ex Post Facto clause violations. Hughes was convicted in Albany County Supreme Court of predatory sexual assault against a child, rape, and endangering the welfare of a child. After direct appeals and state collateral proceedings were denied, he returned to federal court. The court denied and dismissed the amended petition, finding his claims either procedurally defaulted, unexhausted, or without merit, and determined that the state courts' decisions were not unreasonable applications of federal law or determinations of fact.

Habeas CorpusIneffective Assistance of CounselAppellate CounselTrial CounselFifth Amendment RightsInvoluntary ConfessionLegal SufficiencyEx Post Facto ClauseDouble JeopardyProcedural Default
References
105
Case No. 07-05-0449-CV
Regular Panel Decision
Mar 14, 2007

Gibson Plumbing Heating & Air Conditioning, Inc. and Robin L. Hughes v. Coolbaugh Chiropractic

Gibson Plumbing Heating & Air Conditioning, Inc. and employee Robin L. Hughes appealed a judgment rendered in favor of Coolbaugh Chiropractic for medical services provided to Hughes. Hughes sustained a workplace injury and sought chiropractic treatment. Key issues on appeal included the legal sufficiency of evidence regarding Gibson's bookkeeper's actual authority to authorize multiple medical treatments and the basis for the $3,000 damages award. The Court of Appeals for the Seventh District of Texas affirmed the trial court's judgment. It found sufficient evidence for the bookkeeper's authority and that the damages were within the range of evidence, further concluding that Coolbaugh had adequately presented its claim for attorney's fees.

Employer liabilityEmployee injuryChiropractic treatmentAgency authorityActual authorityApparent authorityDamages awardSufficiency of evidenceAttorney's feesAppellate court
References
22
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