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Case Law Database

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

Case No. 03-94-00339-CV
Regular Panel Decision
Aug 16, 1995

Charlie Franks and Industrial Indemnity Insurance Company v. Sematech, Inc., F/D/B/A Semi Conductor Manufacturing Technology Initiative And Burle Industries, Inc.

This case from the Texas Court of Appeals addresses an injured employee's third-party liability claim and an insurance carrier's derivative subrogation rights under the Texas Workers' Compensation Act. Charlie Franks was injured, and the workers' compensation carrier, Industrial Indemnity Insurance Company, paid benefits and subsequently filed a subrogation lawsuit. Franks intervened with his own negligence claim, but his intervention was dismissed due to the two-year statute of limitations. Consequently, the trial court granted summary judgment against Industrial Indemnity, ruling its derivative subrogation claim moot as Franks's underlying rights could not be established. The appellate court affirmed both decisions, emphasizing that Industrial Indemnity's initial suit did not assert Franks's full third-party liability cause of action for his joint benefit.

Workers' CompensationSubrogationStatute of LimitationsThird-Party LiabilitySummary JudgmentPlea in InterventionAppellate ReviewTexas LawInsurance Carrier RightsDerivative Claim
References
17
Case No. MISSING
Regular Panel Decision

Franks v. Sematech, Inc.

This case involves an injured employee's third-party liability cause of action and an insurance carrier's derivative claim of subrogation under the Texas Workers’ Compensation Act. Appellant Industrial Indemnity Insurance Company appealed from a summary judgment in favor of appellees Sem-atech, Inc. and Burle Industries, Inc., while appellant Charlie Franks appealed the dismissal of his plea in intervention due to the statute of limitations. Franks was injured in 1991, and Industrial Indemnity, his employer's workers' compensation carrier, filed a subrogation lawsuit in 1993. Franks intervened in 1994, asserting negligence claims against the appellees. The appellate court affirmed the trial court's dismissal of Franks's plea, ruling it was time-barred and could not relate back to Industrial Indemnity's original petition, which only asserted its subrogation claim, not Franks's underlying third-party liability claim. Consequently, the appellate court also affirmed the summary judgment for appellees, finding Industrial Indemnity's derivative subrogation claim moot since Franks's recovery rights could not be established.

Workers' CompensationSubrogationStatute of LimitationsThird-Party LiabilityAppellate ReviewSummary JudgmentPlea in InterventionDerivative ClaimsTexas LawInsurance Carrier
References
19
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

Rodriguez v. Naylor Industries, Inc.

Mary Rodriguez sued Naylor Industries for loss of consortium after her husband, Juan, was severely injured in a work-related truck accident. Juan had reported the truck's dangerously worn tires to his supervisor, David Cameron, who dismissively ordered him to drive it. After a front tire blew out, another supervisor, Nolan Wallace, instructed Juan to replace it with a rear tire and continue, despite safety and legal concerns. Subsequently, a rear tire blew, causing the truck to flip and injure Juan. The lower courts granted summary judgment for Naylor, ruling no intentional tort occurred. The Supreme Court reversed, finding sufficient evidence to create a genuine issue of material fact regarding Naylor's intentional conduct, thereby precluding summary judgment and remanding for further proceedings.

Workers' CompensationIntentional TortLoss of ConsortiumSummary JudgmentEmployer LiabilityUnsafe Work ConditionsTruck AccidentGross NegligenceFact QuestionReversal
References
8
Case No. MISSING
Regular Panel Decision

Gonzales v. Armac Industries, Ltd.

This case addresses a certified question from the United States Court of Appeals for the Second Circuit: whether a defendant manufacturer's (Armac Industries, Ltd.) pretrial agreement with an injured plaintiff, admitting 2% liability and limiting enforcement of judgment, constitutes a 'release from liability' under General Obligations Law § 15-108 (c). The plaintiff was injured while employed by General Thermoforming Corporation (GTC), and Armac initiated a third-party action against GTC for contribution and indemnification. The Court held that the agreement did constitute a 'release from liability,' thereby forfeiting Armac's right to contribution from GTC. The decision emphasizes that such agreements undermine the quid pro quo system of § 15-108 and the exclusivity provisions of the Workers' Compensation Law, allowing indirect recovery from employers beyond statutory benefits.

Release from LiabilityGeneral Obligations Law § 15-108Workers' Compensation LawContributionPretrial AgreementTort LawEmployer ImmunityStatutory InterpretationThird-Party ActionExclusive Remedy
References
14
Case No. 01-23-00704-CV
Regular Panel Decision
Dec 23, 2025

Industrial Specialists, LLC v. Blanchard Refining Company LLC and Marathon Petroleum Company LP

This case addresses whether an indemnitee can recover from its indemnitor the portion of a settlement attributable to other defendants under a comparative indemnity scheme, even if the indemnitee was also found negligent. Industrial Specialists, LLC (Appellant) was sued by Blanchard Refining Company LLC and Marathon Petroleum Company LP (Appellees) for breach of a contractual indemnity agreement. A fire at a refinery injured employees, leading to a $104 million settlement by Marathon and other contractors, where Marathon paid $86 million. The jury found Marathon 38% negligent and Industrial 17% negligent, among others. The core issue is the enforceability of the indemnity provision under the express negligence doctrine, specifically concerning comparative indemnity. The Court of Appeals reversed the trial court's judgment, holding that the indemnity provision failed to expressly provide for comparative indemnity, thus rendering it unenforceable as a matter of law.

Contractual IndemnityExpress Negligence DoctrineComparative IndemnityOil and Gas IndustryRefinery FirePersonal Injury ClaimsSettlement AgreementsBreach of ContractTexas LawAppellate Court Decision
References
17
Case No. W2014-00032-COA-R3-CV
Regular Panel Decision
Aug 05, 2014

Ricardo Torres v. Precision Industries, P.I., d/b/a Precision Industries, Terry Hedrick and Vicki Hedrick

Ricardo Torres, an undocumented worker, appealed the Hardeman County Circuit Court's grant of summary judgment in his retaliatory discharge claim against Precision Industries, Terry Hedrick, and Vicki Hedrick. Torres alleged he was terminated after filing a workers' compensation claim for a back injury sustained on the job. The trial court had ruled that an unauthorized alien lacked standing to bring such a claim as they were incapable of legal employment. The Court of Appeals reversed the trial court's decision, holding that undocumented employees do have standing to pursue retaliatory discharge claims in Tennessee, as the Workers' Compensation Act broadly defines 'employee' to include those lawfully or unlawfully employed. The court reasoned that retaliatory discharge actions protect employees' rights to file workers' compensation claims and preventing such claims by unauthorized aliens would create an incentive for employers to hire illegal workers and deny them benefits without consequence. The case was remanded for further proceedings.

Workers' CompensationRetaliatory DischargeUndocumented WorkerImmigration StatusSummary Judgment ReversalEmployee StandingEmployment LawTennessee Appellate CourtPublic Policy ExceptionEmployer Retaliation
References
52
Case No. MISSING
Regular Panel Decision

Texas Industries, Inc. v. Lucas

This appeal concerns personal injuries sustained by Randall Wade Lucas on a construction site when a pre-fabricated concrete beam fell, crushing his leg. The beam, manufactured by TXI Structural Products (a subsidiary of Texas Industries, Inc. - TXI), had incorrect 1" inserts instead of the specified 1¼". Lucas, an employee of Precast Erectors, Inc., was injured when Precast employees attempted to unload the beam using incompatible 1" bolts and 1¼" bell rings. Lucas sued TXI and Everman Corporation, who had contracted with TXI to manufacture the beams. The trial court initially awarded Lucas over $1.9 million, apportioning fault 85% to TXI and 15% to Everman. On appeal, the court reversed and rendered the judgment as to Everman, finding no sufficient evidence that Everman's advice to Precast constituted negligence, and noting that the issue of Everman's negligence for failing to inspect the beam after delivery was waived. As to TXI, the court affirmed the jury's finding that TXI Structural Products was the alter ego of TXI, making TXI liable for its subsidiary's negligence in supplying the defective beam and failing to warn. The court also affirmed TXI's proximate cause. However, the appellate court found the trial court abused its discretion by allowing an expert witness to testify on future earning capacity without proper prior disclosure. Consequently, the judgment against TXI was affirmed on the condition that Lucas file a remittitur of $344,316.60 from the damages awarded for future earning capacity. After the remittitur was filed, the judgment as to TXI was affirmed as modified.

Alter Ego DoctrineCorporate Veil PiercingNegligence LiabilityProximate CauseForeseeabilityConstruction Site SafetyProduct DefectComparative Negligence Act (Texas)Worker's Compensation ImmunityExpert Witness Testimony
References
29
Case No. 06-21-00066-CV
Regular Panel Decision
Aug 06, 2021

in Re Damyien Porter, Warfab Industries, Inc., and Warfab, Inc.

Damyien Porter, Warfab Industries, Inc., and Warfab, Inc. (Relators) filed a petition for a writ of mandamus seeking to compel the trial court to vacate its order denying their plea to the jurisdiction and plea in abatement. The underlying lawsuit was brought by Lauren Vasquez, who was injured while riding as a passenger in a Warfab-owned truck driven by Porter, a Warfab employee. Relators argued that the trial court lacked jurisdiction because Warfab was a subscriber under the Texas Workers’ Compensation Act, and Vasquez, also a Warfab employee, had not exhausted administrative remedies. However, the Relators failed to provide undisputed evidence that Warfab had workers' compensation coverage for Vasquez on the date of the accident. The Sixth Appellate District of Texas at Texarkana ultimately denied the petition for a writ of mandamus, concluding that the record did not establish the Relators' right to mandamus relief.

MandamusPlea to JurisdictionPlea in AbatementWorkers' Compensation ActExclusive RemedyAdministrative RemediesSubject Matter JurisdictionAppellate ReviewJurisdictional FactsSummary Judgment Standard
References
28
Case No. NO. 14-23-00620-CV
Regular Panel Decision
Jun 06, 2024

Sabah Waeli v. BWFS Industries, LLC, and Eduardo Vallejo

In this personal-injury case, Sabah Waeli appealed a summary judgment granted in favor of BWFS Industries, LLC, and Eduardo Vallejo. Waeli, a temporary employee of In-Fuse Staffing Service, was injured while working for BWFS. Both BWFS and In-Fuse maintained workers’ compensation insurance, with In-Fuse's policy explicitly covering Waeli's injury through an 'Alternate Employer Endorsement'. The appellate court affirmed the trial court's judgment, concluding that workers’ compensation benefits constituted the exclusive remedy for Waeli's injury under the Texas Workers’ Compensation Act, thereby barring his negligence claims against BWFS and Vallejo.

Personal InjurySummary JudgmentWorkers' Compensation ActExclusive Remedy DoctrineTemporary Employment ServiceAlternate Employer EndorsementNegligence ClaimsVicarious LiabilityAppellate ReviewTexas Labor Code
References
11
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