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

Case No. No. 06-03-00204-CR
Regular Panel Decision
May 20, 2004

James Glenn Jacobs v. State

James Glenn Jacobs appealed his felony driving while intoxicated (DWI) conviction. He was found intoxicated and unconscious near a wrecked vehicle, which was running and damaged. Jacobs challenged the trial court's admission of medical records as containing double hearsay, arguing the objection was improperly overruled. He also contended that the evidence was legally and factually insufficient to prove he operated the vehicle. The appellate court affirmed the trial court's judgment, finding Jacobs failed to preserve his objection to the medical records due to lack of specificity. Furthermore, his prior guilty plea to driving without insurance, an offense requiring operation of a vehicle, was deemed sufficient evidence to support the DWI conviction.

DWIFelonyCriminal LawTexas Court of AppealsEvidence AdmissibilityHearsayBusiness Records ExceptionSufficiency of EvidenceVehicle OperationIntoxication
References
22
Case No. 07-08-0359-CV
Regular Panel Decision
Jul 28, 2010

THI of Texas at Lubbock I, LLC, D/B/A Southwest Regional Specialty Hospital Pharmasource Healthcare, Inc. And Omnicare, Inc., D/B/A Pharmasource Healthcare, Inc. v. Mario Perea, Individually and as Representative of the Estate of Jacob Perea, Max Perea, Tony Perea, and George Perea

Appellant THI of Texas at Lubbock I, LLC, d/b/a Southwest Regional Specialty Hospital, appeals a jury verdict in a medical malpractice action, seeking wrongful death and survival damages, in favor of Appellees Mario Perea, Max Perea, Tony Perea, and George Perea, and the estate of their deceased father, Jacob Perea. Jacob Perea died after nurses at Southwest Hospital administered two doses of Ativan despite his documented allergy and prior adverse reactions to the drug. The jury found THI and Pharmasource proximately caused the injury and awarded significant damages, including exemplary damages, against THI. This court reverses the trial court's judgment and remands the case for recalculation of damages in accordance with statutory caps.

Medical malpracticeWrongful deathSurvival damagesNegligent credentialingNegligent hiringAtivanDrug allergyRespiratory depressionGross negligenceExemplary damages
References
85
Case No. MISSING
Regular Panel Decision
Jul 26, 2012

Mangione v. Jacobs

The case addresses whether a plaintiff's elective surgery, performed before court-ordered independent medical examinations (IMEs), constitutes spoliation of evidence. Plaintiff Susanna Mangione, involved in a 2009 taxi accident, failed to appear for multiple court-ordered IMEs despite prior personal injury lawsuits. She underwent spinal surgery on February 27, 2012, without notifying the court or defendants and without providing medical justification for the urgency. The court found this act to be intentional spoliation of evidence, irreparably prejudicing the defendants' ability to assess causation and defend against claims of exacerbated prior injuries. Consequently, the court denied defendants Ramabel Limo, Inc. and Glener V Simbana's motion for summary judgment on liability but granted defendant Jules J. Jacobs' motion to dismiss the complaint, dismissing the action against all defendants.

Spoliation of evidenceIndependent medical examinationPersonal injury lawsuitSummary judgment motionMotion to dismissElective surgeryCourt orders violationPlaintiff's misconductIrreparable prejudiceLitigation sanctions
References
58
Case No. M2003-00744-CCA-R3-PC
Regular Panel Decision
Feb 11, 2004

Jacob Lee Davis v. State of Tennessee

Petitioner Jacob Lee Davis appealed the dismissal of his pro se petition for post-conviction relief, alleging ineffective assistance of counsel. His claims focused on trial counsel's alleged failures in voir dire, plea negotiations, and advising him on his right to testify. The Court of Criminal Appeals of Tennessee affirmed the post-conviction court's judgment, concluding that counsel's performance was within acceptable professional standards and that Davis failed to demonstrate prejudice. The court also upheld findings that Davis voluntarily waived his right to testify and that no plea agreement was available for communication.

Ineffective Assistance of CounselPost-Conviction ReliefCriminal AppealJury SelectionVoir DirePlea NegotiationsRight to TestifyMental StatePremeditationDepressive Disorder
References
8
Case No. M1999-02496-CCA-R3-CD
Regular Panel Decision
May 08, 2001

State of Tennessee v. Jacob Lee Davis

Jacob Lee Davis appealed his convictions for premeditated first-degree murder, reckless endangerment, and carrying a weapon on school property following a jury trial in Lincoln County. Davis challenged the sufficiency of the evidence, arguing he lacked the mental capacity to form the requisite intent due to a severe depressive disorder. He also contended the trial court erred in not striking six potential jurors for cause. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, finding sufficient evidence to support Davis's mental capacity and that the trial court properly qualified the jurors.

MurderReckless EndangermentWeapon on School PropertyMental CapacityPremeditationSufficiency of EvidenceAppellate ReviewJury SelectionExpert TestimonyDepressive Disorder
References
12
Case No. 2021 NY Slip Op 03590
Regular Panel Decision
Jun 09, 2021

Matter of Isabela P. (Jacob P.)

In this case, Jacob P., the father, appealed an order of disposition from the Family Court, Queens County, which found that he neglected his child, Isabela P. The Administration for Children's Services initiated the proceeding, alleging the father failed to provide adequate supervision and guardianship. The Family Court's finding of neglect was based on evidence that the father repeatedly made false reports of sexual abuse against the mother in the child's presence and encouraged the child to corroborate these allegations. The Appellate Division, Second Department, affirmed the Family Court's order, concluding that the father's actions created an imminent danger of emotional impairment to the child, thus failing to meet the minimum degree of parental care.

Child NeglectParental MisconductFalse AllegationsFamily Court Act Article 10Appellate ReviewEmotional ImpairmentPreponderance of EvidenceJudicial DeferenceChild WelfareCustody Dispute
References
7
Case No. 03-23-00400-CV
Regular Panel Decision
Jul 25, 2025

Andrew Jacob Brenner v. Tiffany Nicole Brenner

Andrew Jacob Brenner appealed a trial court’s Final Decree of Divorce from Tiffany Nicole Brenner. The decree imposed a constructive trust on future payments to Andrew as a stockholder in NanoTx, awarding Tiffany a 60% beneficial ownership interest in the shares, and granted Tiffany above-guidelines monthly child support. Andrew argued that the future payments were mischaracterized as community property and that there was insufficient evidence for the child support award. The appellate court found no abuse of discretion in the trial court's treatment of the payments or the child support award, thus affirming the judgment.

Divorce LawCommunity PropertyChild SupportConstructive TrustStock OwnershipMarital Property DivisionAppellate ReviewTravis CountyFamily LawMemorandum Opinion
References
20
Case No. M2019-01495-COA-R3-CV
Regular Panel Decision
May 27, 2020

JACOB DALTON DICUS v. LISA GAYE SMITH

This is an appeal from a partition suit concerning real property in Tennessee. Jacob Dalton Dicus, both individually and as the executor of his father's estate, initiated legal action against Lisa Gaye Smith, his father's former girlfriend. The dispute revolved around a residential property jointly purchased by Dicus's father and Smith. Dicus argued that Smith should not receive any proceeds from the property's sale, asserting she made no financial contribution. Conversely, Smith claimed that Dicus's father had made an inter vivos gift of a one-half interest in the home, given her role as his live-in caregiver during his final months. The trial court, despite finding inconsistencies in Smith's testimony, concluded there was clear and convincing evidence of a gift and ordered an equal division of sale proceeds after accounting for some expenses paid by Dicus. The Court of Appeals affirmed this decision, upholding the trial court's finding that Randy intended to gift Lisa a one-half interest, citing joint signing of purchase documents, the specific financing method, and the deed's recording as evidence of donative intent and delivery.

Partition SuitInter Vivos GiftReal PropertyJoint OwnershipTenants in CommonEstate LawAppellate ReviewDonative IntentClear and Convincing EvidenceCaregiver Agreement
References
22
Case No. 03-14-00650-CV
Regular Panel Decision
Sep 15, 2014

Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association

This is an appeal initiated by homeowners Wesley Spears and Renee Jacobs against Falcon Pointe Community Homeowners' Association. The dispute arose after the homeowners extended their fence's height without obtaining prior approval, violating the Association's rules. The trial court granted summary judgment in favor of the Association, ruling that the

Homeowners' AssociationCovenant ViolationFence HeightSummary JudgmentAppellate BriefDeclaratory Judgment ActionDeceptive Trade Practices Act (DTPA)Motion for ContinuanceRecusal MotionTrial Court Judgment
References
47
Case No. 2017-05-0132
Regular Panel Decision
Feb 07, 2018

Jacobs, Thomas Wayne v. Bridgestone Americas Tire Operations, LLC

The employee, Thomas Wayne Jacobs, a tire builder and union official for Bridgestone Americas Tire Operations, LLC, suffered severe burns after a co-worker poured gasoline into a burn barrel during a break outside the union hall. Bridgestone denied the workers' compensation claim, arguing the injury did not occur within the scope of employment or, alternatively, the union should be liable. The trial court found the employee was likely to prevail, holding Bridgestone responsible. The Workers' Compensation Appeals Board affirmed the trial court's decision, concluding that the employee's activities fell under the personal comfort doctrine and that Bridgestone remained his employer for workers' compensation purposes. The case was remanded for further proceedings.

Employment InjuryPersonal Comfort DoctrineCourse and Scope of EmploymentEmployer LiabilityUnion RepresentativeBurn AccidentWork Break InjurySpecial Employer DoctrineAppeals Board DecisionTire Manufacturing Industry
References
16
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