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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

People's Ice Co. v. Nowling

This case involved Catherine V. Nowling suing the People’s Ice Company for exemplary damages following the death of her husband, Martin A. Nowling, an employee who suffered fatal injuries while repairing an ice vault. Plaintiff alleged gross negligence by the employer in adopting an unsafe repair method. The defendant claimed immunity due to workmen's compensation coverage and the plaintiff's prior receipt of benefits. The trial court initially awarded $3,500 in exemplary damages to the plaintiff. However, the appellate court reversed the judgment and remanded the case due to evidence of jury misconduct during deliberations, where jurors agreed to a quotient verdict.

Exemplary DamagesGross NegligenceWorkers' CompensationIndustrial Accident BoardEmployer LiabilityJury MisconductQuotient VerdictReversed JudgmentRemanded CaseUnsafe Working Conditions
References
8
Case No. MISSING
Regular Panel Decision

Darrah v. Friendly Ice Cream Corp.

Plaintiff Marsha Darrah sued Friendly Ice Cream Corporation alleging retaliation and constructive termination in violation of the Family Medical Leave Act (FMLA). Friendly moved to compel arbitration and for summary judgment, arguing Darrah failed to utilize their Open Door Policy as a condition precedent to arbitration. The court found that Darrah fulfilled her duty to engage in the Open Door Policy by bringing her grievances to management. However, Friendly failed to fulfill its duty by not engaging in the policy in good faith, effectively repudiating the arbitration agreement. Consequently, the court denied Friendly's motions to compel arbitration and for summary judgment.

FMLARetaliationConstructive TerminationArbitration AgreementOpen Door PolicyFederal Arbitration ActSummary JudgmentEmployment LawCondition PrecedentScope of Arbitration
References
13
Case No. MISSING
Regular Panel Decision

Sinnett v. Friendly Ice Cream Corp.

Michael Sinnett sued Friendly Ice Cream Corporation and others, alleging Fair Labor Standards Act (FLSA) violations and several common law claims related to his employment as a General Manager. The defendants moved to dismiss the complaint or compel arbitration, citing an employment dispute resolution policy and contract to arbitrate. The court analyzed whether the Federal Arbitration Act (FAA) mandated enforcement of the agreement and whether Sinnett had waived his right to arbitration. The court found that an enforceable arbitration agreement existed, Sinnett's claims fell within its broad scope, and FLSA claims are arbitrable. Consequently, the court dismissed Sinnett's claims and ordered the parties to proceed with arbitration.

Arbitration AgreementFLSAEmployment LawBreach of ContractFraudNegligent MisrepresentationMotion to DismissCompel ArbitrationWaiverSecond Circuit
References
23
Case No. 2016-01-0366
Regular Panel Decision
Mar 22, 2017

Ice, Damione v. Dion Dave and Anita Dave (Neita Reel-Dave), d/b/a/ D&N Transportation, Inc. and/or DNT Transportation

This Expedited Hearing Order concerns Damione Ice's request for medical and temporary disability benefits after he sustained second-degree burns in a work-related incident on April 28, 2016. The Workers' Compensation Judge, Thomas Wyatt, addressed several complex issues, including identifying Mr. Ice's employer between D & N Transportation, Inc. and DNT Transport, and determining if Mr. Ice was an employee or an independent contractor. The court found that D & N Transportation, Inc. was the employer and that Mr. Ice was an employee, thus likely to prevail on the merits of his claim. Furthermore, the court determined that D & N could not avoid liability due to the number of employees. Consequently, Mr. Ice was granted medical benefits, temporary disability benefits totaling $2,121.40, and was declared eligible for payments from the Uninsured Employer's Fund, given that D & N Transportation, Inc. lacked workers' compensation insurance.

Workers' CompensationExpedited HearingUninsured EmployerEmployee StatusIndependent ContractorWork-Related InjuryMedical BenefitsTemporary DisabilityBurn InjuryTrucking Accident
References
7
Case No. MISSING
Regular Panel Decision

Seals v. Zollo

This workmen's compensation case involves a 66-year-old ice cream peddler, Mr. Seals, who was injured in 1957 while selling products for an ice cream company in Memphis. The trial court ruled against Mr. Seals, concluding he was not an employee but an independent contractor. On appeal, the Supreme Court reversed this decision, finding that the ice cream company exercised significant control over Mr. Seals, including furnishing equipment, controlling the product until sale, and dictating various aspects of his work. The Court emphasized that factors like a 'peddler's tax' and Mr. Seals' 'self-employed' statement were not controlling in determining an employment relationship. The case was remanded for further proceedings consistent with the finding that Mr. Seals was an employee.

Workers' CompensationEmployee vs Independent ContractorControl TestIce Cream PeddlerPersonal InjuryEmployment LawRemandAppellate DecisionLabor DisputeOccupational Injury
References
20
Case No. MISSING
Regular Panel Decision

Fruit-Ices Corp. v. CoolBrands International Inc.

Plaintiff Fruit-Ices Corporation sued CoolBrands International Inc. for trade dress infringement and unfair competition under the Lanham Act, alleging that CoolBrands copied the distinctive trade dress of its FrozFruit frozen fruit bars with their Fruib-A-Freeze bars after failed acquisition attempts. The court found Fruit-Ices' trade dress to be inherently distinctive and non-functional, emphasizing the unique combination of its design elements. Applying the Polaroid factors, the court determined a strong likelihood of consumer confusion due to the substantial similarity of the products, their direct competition in the New York impulse bar market, evidence of actual confusion, and CoolBrands' apparent bad faith in adopting the similar trade dress. Consequently, the court granted Fruit-Ices' motion for a preliminary injunction, prohibiting CoolBrands from distributing Fruit-A-Freeze bars in their current, substantially similar trade dress within the specified market. The injunction will become effective upon the posting by plaintiff of a bond in the amount of $1,000,000.

trade dress infringementunfair competitionLanham Actpreliminary injunctionconsumer confusionFrozFruitFruit-A-Freezefrozen fruit barsNew York marketimpulse product
References
17
Case No. MISSING
Regular Panel Decision

State Insurance Fund v. Circus Man Ice Cream Corp.

The Commissioner of the State Insurance Fund, as plaintiff, initiated an action against Circus Man Ice Cream Corp. for unpaid workers' compensation premiums, contending that the company's ice cream truck drivers were employees and therefore subject to coverage. Circus Man disputed this, asserting the drivers were independent contractors. The plaintiff's premium calculation relied on an auditor's assumption of an employer/employee relationship, which the defendant challenged, providing evidence of the drivers' autonomy, including leasing trucks, purchasing supplies independently, and establishing their own territories. The court, applying the 'right of control' test and other factors, determined that the street vendors were indeed independent contractors. Consequently, the court found Circus Man Ice Cream Corp. not liable for the workers' compensation premiums sought by the plaintiff.

Workers' CompensationIndependent ContractorEmployee RelationshipPremium DisputeIce Cream VendorsRight of ControlAuditLease AgreementNew York LawState Insurance Fund
References
5
Case No. MISSING
Regular Panel Decision
Mar 04, 1983

Baxter v. Fulton Ice & Cube Co.

Raymond Baxter was injured while using an ice bagger machine and sued his employer, Fulton Ice & Cube, and several manufacturers/distributors, including Ohio Gear, Inc. His employer defaulted, leading to an inquest where Baxter was awarded $100,000. Ohio Gear then attempted to limit Baxter's potential recovery against them to this $100,000 by invoking collateral estoppel. Special Term denied this motion. The appellate court affirmed, holding that the plaintiff did not have a full and fair opportunity to litigate the damages vigorously during the inquest against a judgment-proof defendant, therefore the doctrine of collateral estoppel does not apply to cap the recovery against Ohio Gear, Inc.

Collateral EstoppelIssue PreclusionDefault JudgmentInquestDamagesFull and Fair OpportunityJudgment ProofPersonal InjuryManufacturer LiabilityAppellate Review
References
9
Case No. 2016-01-0366
Regular Panel Decision
Jul 26, 2017

Ice, Damione v. Dian Dave and Anita Dave (Netia Reel-Dave), dba D&N Transportation, Inc and /or DNT Transportation

Mr. Ice filed a Motion for Summary Judgment seeking to establish his employee status, the D&N parties' employer status, the compensability of his injury (second-degree burns to his right hand and left thumb on April 28, 2016), his entitlement to temporary total disability benefits ($2,121.40) and medical expenses ($39,353.22) for emergent treatment at Doctor's Hospital in Augusta, Georgia, and eligibility for payments from the Uninsured Employer's Fund. The D&N parties failed to respond to the motion, leading the Court to deem the motion unopposed and the facts admitted. The Court granted Mr. Ice's motion for summary judgment, finding him entitled to the sought benefits and denied his claim for permanent disability benefits due to waiver.

Summary JudgmentWorkers' Compensation ClaimsUninsured Employer's FundTemporary Total DisabilityMedical BenefitsEmployee StatusBurn InjuriesEmployer LiabilityTennessee Civil ProcedureWaiver of Claims
References
9
Case No. E2016-01677-COA-R3-CV
Regular Panel Decision
Aug 18, 2017

Holly Rader v. Ruby Tuesday, Inc.

Holly Rader, et al., appealed the Circuit Court's grant of summary judgment to Ruby Tuesday, Inc. in a slip and fall case. The incident occurred when Rader slipped on water from a melting bag of ice she was picking up as a carry-out order. The trial court ruled that Ruby Tuesday lacked actual or constructive knowledge of the hazard. However, the Court of Appeals found that Ruby Tuesday had superior knowledge regarding how long the ice had been left out at room temperature, making the condensation and potential for slipping foreseeable. Therefore, the appellate court determined that Ruby Tuesday owed a duty of care to Rader and vacated the summary judgment, remanding the case for further proceedings to consider comparative fault.

Premises LiabilitySummary JudgmentSlip and FallNegligenceDuty of CareForeseeabilityComparative FaultAppellate ReviewKnox CountyTennessee Court of Appeals
References
17
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