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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
Jun 26, 1995

Vasarhelyi v. New School for Social Research

Plaintiff Marina Vasarhelyi, former Controller and Treasurer of The New School for Social Research, questioned President Jonathan Fanton's financial practices and hiring decisions. In response, Fanton initiated an investigation into a leaked confidential memorandum, singling out Vasarhelyi for hostile interrogation by criminal attorneys. When she requested a witness for further questioning, Fanton suspended and subsequently terminated her employment. Vasarhelyi sued for intentional infliction of emotional distress, defamation, and prima facie tort. The Supreme Court initially dismissed the complaint, but the appellate court modified the judgment, reinstating the cause of action for intentional infliction of emotional distress, while affirming the dismissal of the defamation and prima facie tort claims.

Intentional Infliction of Emotional DistressDefamationPrima Facie TortEmployer RetaliationWrongful TerminationAbuse of PowerHostile Work EnvironmentEmployee InterrogationAppellate ReviewJudgment Modification
References
15
Case No. MISSING
Regular Panel Decision

Ralph v. Oliver

This case concerns an appeal from an order of the Supreme Court, Oneida County. The Appellate Division modified the lower court's order, affirming in part and reinstating a cause of action. It was deemed proper to defer the plaintiff’s negligence claim against a coemployee defendant, pending a decision from the Workers’ Compensation Board regarding the course of employment. However, the court ruled that the plaintiff could pursue an intentional tort of assault claim independently, as it falls outside the Workers’ Compensation Law if the assault was committed with deliberate intent and outside the scope of employment. Consequently, the plaintiff's assault cause of action was reinstated.

Workers' CompensationNegligenceIntentional TortAssaultCoemployee LiabilityScope of EmploymentJudicial ReviewAppellate ProcedureSummary JudgmentWorkers' Compensation Board Deferral
References
5
Case No. MISSING
Regular Panel Decision

Prave v. State

The State of New York appealed 17 separate orders from the Court of Claims that denied its motion for summary judgment in actions alleging intentional assault stemming from the Attica uprising. The State contended that the claimants' acceptance of workers' compensation benefits barred their intentional tort claims, constituting an election of remedies. Claimants argued they never applied for benefits and should not be bound by such an election. The Appellate Division held that accepting benefits, even if initiated by the employer, generally precludes a subsequent tort action if the Workers' Compensation Board determined the injuries were compensable. To pursue their tort claims, claimants must first seek to rescind the Board's prior determination that their injuries were accidental. Therefore, the Court unanimously reversed the lower court's orders, granted summary judgment to the State, and dismissed the claims without prejudice for claimants to seek a redetermination from the Workers' Compensation Board.

Attica UprisingWorkers' CompensationIntentional TortExclusive RemedySummary JudgmentCollateral AttackWorkers' Compensation BoardRescission of AwardElection of RemediesCourt of Claims
References
6
Case No. 02-19-00159-CV
Regular Panel Decision
Oct 24, 2019

Tarrant County, Texas v. Tony Lee Green

Tony Lee Green sued Tarrant County, Texas, for negligence after a sheriff's deputy pointed a laser temperature gun at his eye in jail, invoking the Texas Tort Claims Act (TTCA) but denying intentional tort. Tarrant County sought dismissal, claiming immunity from intentional torts and arguing Green's claim was effectively a battery. The trial court denied this plea. On appeal, the Court of Appeals considered whether the intentional pointing of the laser, even without intent to injure, constituted a battery, which would bypass the TTCA's immunity waiver. The court concluded that Green's claim was indeed an intentional tort (battery), thus reversing the trial court's decision and dismissing the case.

NegligenceIntentional TortTexas Tort Claims ActSovereign ImmunityGovernmental ImmunityBatteryLaser Gun InjuryExcessive ForcePlea to the JurisdictionAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
Jan 17, 2007

Botway v. National Response Corp.

The defendant, Deborah L. Wick, appealed an order denying her motion for summary judgment in a personal injury action. The plaintiff alleged Wick, her supervisor at National Response Corporation (NRC), caused injuries through an intentional tort, despite receiving worker's compensation benefits. Wick argued the plaintiff's claim was barred by the Workers’ Compensation Law's exclusive remedy, and the intentional tort exception did not apply as she lacked intent to injure. The Supreme Court denied Wick's motion, finding a factual dispute regarding the intentional tort. The appellate court affirmed this denial, concluding that Wick failed to establish a prima facie case for summary judgment by not eliminating the existence of a factual issue concerning whether an intentional tort was committed.

Personal InjuryIntentional TortSummary JudgmentWorkers' Compensation LawExclusive RemedySupervisor LiabilityAppellate ReviewQuestion of FactPrima Facie EntitlementEmployment Law
References
3
Case No. 06-03-00046-CV
Regular Panel Decision
Apr 29, 2004

David Durbin, Brenda Davis, Individually, and Brenda Davis, as Next Friend of Brenda Durbin v. City of Winnsboro

The Durbins sued the City of Winnsboro after Jimmy Durbin died in a motorcycle accident during a police pursuit by Officer Tony Browning. The Durbins alleged wrongful death, respondeat superior, and negligent entrustment, claiming Browning purposefully 'bumped' Jimmy's motorcycle. Winnsboro filed a plea to the jurisdiction and a motion for summary judgment, asserting the claims were barred by the intentional tort exception of the Texas Tort Claims Act. The appellate court clarified that an intentional tort under the Act requires intent to cause injury, not just intent to act. It held that the Durbins' negligence claims for Browning's actions were not barred. However, the court affirmed the dismissal of claims for negligent entrustment and exemplary damages, which are barred by the Texas Tort Claims Act. The case was affirmed in part, reversed in part, and remanded for further proceedings.

Texas Tort Claims ActSovereign ImmunityGovernmental ImmunityIntentional Tort ExceptionRespondeat SuperiorNegligent EntrustmentExemplary DamagesPolice PursuitMotor Vehicle AccidentWrongful Death
References
36
Case No. 2-05-195-CV
Regular Panel Decision
May 25, 2006

Brian Meroney v. City of Colleyville and Jeffery James Jones

Meroney, a former firefighter for the City of Colleyville, sued the City for wrongful forced resignation and defamation, seeking an injunction. He later amended his petition to include Assistant Fire Chief Jeffery James Jones as a defendant, alleging defamatory remarks and intentional infliction of emotional distress, seeking money damages. The trial court granted the City's plea to the jurisdiction based on governmental immunity, as defamation is an intentional tort not waived by the Texas Tort Claims Act (TTCA). The trial court also dismissed Jones, citing the election of remedies provision under the TTCA. On appeal, the Court of Appeals affirmed the dismissal against the City, confirming its governmental immunity from suits seeking injunctive relief for intentional torts. However, the appellate court reversed the dismissal of claims against Assistant Chief Jones in his individual capacity, reasoning that Meroney's initial intentional tort claim against the City was not a "suit under the TTCA" and thus did not trigger the election of remedies provision to bar individual claims against the employee. Claims against Jones in his official capacity remained dismissed.

Governmental ImmunityTexas Tort Claims ActIntentional TortDefamationInjunctive ReliefElection of RemediesIndividual Capacity LiabilityOfficial Capacity LiabilityPlea to JurisdictionWaiver of Immunity
References
39
Case No. MISSING
Regular Panel Decision

Phillips v. American Elastomer Products, L.L.C.

Leonard Phillips, an employee provided by Staffing United to American Elastomer Products, L.L.C. (AEP), sustained a back injury due to an autoclave explosion at AEP's plant. Phillips sued AEP for negligence, gross negligence, and intentional torts. AEP filed two summary judgment motions, arguing that Phillips's negligence claims were barred by the borrowed servant doctrine and the Texas Workers’ Compensation Act (TWCA), and that there was insufficient evidence for intentional torts. The trial court granted both summary judgments. On appeal, Phillips challenged the finding that he was a borrowed servant and the sufficiency of evidence for intentional assault. The appellate court affirmed the trial court's judgment, concluding that Phillips was a borrowed servant under the TWCA, barring his negligence claims, and that there was insufficient evidence to establish intent for the intentional tort claims.

Personal InjurySummary JudgmentNegligenceGross NegligenceIntentional TortBorrowed Servant DoctrineWorkers' Compensation ActExclusivity ProvisionAutoclave ExplosionWorkplace Injury
References
40
Case No. MISSING
Regular Panel Decision
Feb 02, 1987

Bulis v. Di Lorenzo

This case involves an appeal from an order denying a defendant's motion for renewal of summary judgment. The plaintiff, a coemployee at Chemical Bank, sued the defendant for personal injuries after the defendant allegedly slammed a conference table onto her foot, claiming negligence and intentional tort. While the negligence claim was previously dismissed under Workers' Compensation Law, the intentional tort claim remained. The appellate court reversed the lower court's denial, finding that new deposition testimony constituted new facts justifying renewal. Ultimately, the court granted summary judgment, ruling that the plaintiff failed to provide evidence of the defendant's intent to cause harm, a necessary element for an intentional tort claim outside workers' compensation.

Intentional TortWorkers' Compensation ExclusivitySummary JudgmentCoemployee LiabilityPersonal Injury DamagesMotion for RenewalAppellate ReversalProof of IntentFrustrationDeposition Testimony
References
11
Case No. 11-20-00145-CV
Regular Panel Decision
Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Justin Schrader sued the Texas Department of Public Safety (DPS) for injuries sustained during his arrest, alleging negligent application of handcuffs and a 'leg sweep' by Trooper Jerry Hale. DPS moved to dismiss the suit, citing sovereign immunity under the Texas Tort Claims Act (TTCA). The trial court granted the dismissal. On appeal, Schrader argued that the TTCA's waiver of immunity applied and that the intentional tort exclusion did not, as Trooper Hale did not intend to injure him. The Eleventh Court of Appeals, however, affirmed the trial court's decision, ruling that the gravamen of Schrader's complaint was excessive force—a battery, an intentional tort—which falls under the TTCA's intentional tort exclusion, thus preserving DPS's sovereign immunity.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal
References
29
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