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

Case No. 2-01-159-CV
Regular Panel Decision
Nov 03, 2005

Robert Morrell and Donna Morrell, Individually, AND Mary Angeline Finke, M.D., Obstetrical & Gynecological Associates of Arlington, AND Arlington Memorial Hospital Foundation v. Mary Angeline Finke, M.D., Obstetrical & Gynecological Associates of Arlington, Arlington Memorial Hospital Foundation, Inc. D/B/A Arlington Memorial Hospital, Rose Fenton, R.N.C., Sandy Stephens, R.N., and Marianne Walker, R.N., AND Robert Morrell

Robert and Donna Morrell, individually and as next friends for their daughter Madeline, sued Dr. Finke, her employer, nurses, and a hospital for medical malpractice following Madeline's birth, alleging permanent neurological injuries due to negligence during labor and delivery. A jury awarded damages, but the trial court granted a judgment notwithstanding the verdict (JNOV) on the Morrells' mental anguish and loss of consortium claims. On appeal, the Court of Appeals affirmed the JNOV for the Morrells' mental anguish and loss of consortium claims. The court found legally and factually sufficient evidence for the jury's negligence and causation findings against Dr. Finke and the nurses. However, it modified the judgment to impose several liability on Nurse Rose Fenton and reversed the award of past medical expenses against Nurses Fenton, Stephens, and Walker, deeming those claims barred by the statute of limitations.

Medical MalpracticeBirth InjuryCerebral PalsyHypoxic-Ischemic EncephalopathyForceps DeliveryObstetric NegligenceNursing NegligenceStatute of LimitationsJoint and Several LiabilityExpert Witness Testimony
References
59
Case No. 01-19-00300-CV
Regular Panel Decision
Apr 15, 2021

Michelle Hudson v. Memorial Hospital System

Michelle Hudson sued Memorial Hospital System, Memorial Hermann Health System, ThyssenKrupp Elevator Corporation, and C.B. Richard Ellis, Inc. for personal injuries sustained in a malfunctioning elevator on Memorial Hermann's property. Hudson, an employee of Memorial Hermann (a non-subscriber under the Texas Workers’ Compensation Act), alleged the defendants were negligent and liable under premises liability. The trial court granted summary judgment for the defendants. Hudson appealed, arguing the trial court incorrectly applied premises liability principles instead of ordinary negligence and that genuine issues of material fact existed. The appellate court affirmed, holding that Hudson's claim against Memorial Hermann sounded exclusively in premises liability and she failed to preserve her argument. The court also found Hudson provided insufficient evidence to overcome the no-evidence summary judgment for CBRE and ThyssenKrupp.

Personal InjuryPremises LiabilityOrdinary NegligenceSummary JudgmentElevator AccidentWorkers' Compensation Non-subscriberEmployer DutyProperty Manager LiabilityMaintenance ServicesAppellate Review
References
44
Case No. 14-02-01147-CV
Regular Panel Decision
Jul 08, 2004

Moore, Eloise v. Memorial Hermann Hospital System D/B/A Memorial Hermann Southeast Hospital

Eloise Moore, a former food service attendant at Memorial Hermann Hospital System, Inc. (MHHS), appealed a take-nothing jury verdict in a negligence suit. Moore suffered a back injury at work in November 1998, allegedly due to MHHS's negligence in failing to provide a safe workplace, proper tools, and safety training. After being terminated, she sued MHHS. The jury found that MHHS's negligence was not the proximate cause of her injury. On appeal, Moore raised seven issues, including challenges to the admission/exclusion of Social Security Administration (SSA) records, testimony from a vocational expert, her treating physician, and a workplace safety expert, as well as objections to jury instructions. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the evidentiary rulings or jury instructions.

NegligenceWorkplace SafetyProximate CauseEvidentiary RulingsExpert WitnessJury InstructionsAppellate ReviewAbuse of DiscretionTexas LawEmployment Termination
References
12
Case No. MISSING
Regular Panel Decision

Memorial Medical Center of East Texas v. Howard

Memorial Medical Center of East Texas (Memorial) appealed a summary judgment ruling that favored James A. Howard, Special Deputy Receiver of Texas Employers’ Insurance Association, and the Texas Property and Casualty Insurance Guaranty Association. Memorial sought a declaration that the appellees were obligated to reimburse it for defense costs in an underlying lawsuit (*Allen v. Memorial Medical Center of East Texas*) concerning employee exposure to ethylene oxide gas. The appellate court affirmed the trial court's decision, concluding that the Texas Insurance Code explicitly removed the duty to defend or reimburse defense costs for a receiver of a delinquent insurer and a guaranty association in such proceedings. Therefore, appellees had no obligation to defend or reimburse Memorial.

Workers' Compensation InsuranceInsurance ReceivershipGuaranty AssociationDuty to DefendReimbursement of Defense CostsSummary Judgment ReviewTexas Insurance LawDelinquent InsurerEmployer LiabilityEthylene Oxide Exposure
References
11
Case No. MISSING
Regular Panel Decision
Oct 19, 2000

Rosenberg v. Eternal Memorials, Inc.

The case involves two consolidated actions for personal injuries and wrongful death. Stuart Rosenberg, executor of the estate of Barry Rosenberg, and Edward Wheat, sustained injuries when an extendable boom they were operating contacted a power line on Eternal Memorials, Inc.'s property. The Supreme Court granted Eternal Memorials, Inc.'s motion for summary judgment, dismissing the complaints against it. The appellate court affirmed this decision, ruling that the landowner, Eternal Memorials, Inc., was not liable as it did not supervise the work nor had actual or constructive notice of the dangerous condition.

Personal injurywrongful deathelectrocutionextendable boompower linelandowner dutysafe place to workLabor Law § 200summary judgmentappellate review
References
3
Case No. MISSING
Regular Panel Decision
Mar 23, 2000

Ramnarine v. Memorial Center for Cancer & Allied Diseases

Jagdeo Ramnarine, an employee of Memorial Sloan-Kettering Cancer Center, suffered a laceration at the Memorial Center for Cancer and Allied Diseases. He subsequently filed a negligence lawsuit. The defendant, Memorial Center, moved for summary judgment, arguing that the plaintiff's claim was barred by the Workers’ Compensation Law § 11, as both the Center and the Hospital operate as a single integrated employer despite their separate legal entities. The Supreme Court initially denied this motion. However, the appellate court reversed the decision, granting summary judgment to the defendant. The court found substantial evidence supporting the integrated employer argument, thereby limiting the plaintiff's remedy to workers' compensation benefits and dismissing the complaint and all cross-claims against the defendant.

Workers' Compensation ExclusivityIntegrated Employer DoctrineSummary Judgment ReversalNegligence ClaimCross Claims DismissedCorporate Alter EgoCommon ControlBronx CountyAppellate DivisionLabor Law
References
11
Case No. 03-97-00567-CV
Regular Panel Decision
Jul 30, 1998

Memorial Medical Center of East Texas v. James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association and Texas Property and Casualty Insurance Guaranty Association

Memorial Medical Center of East Texas appealed a summary judgment granted in favor of James A. Howard, Special Deputy Receiver of Texas Employers' Insurance Association, and Texas Property and Casualty Insurance Guaranty Association. Memorial sought a declaration that the appellees were obligated to reimburse defense costs incurred in a separate suit brought by its employees. The trial court granted the appellees' motions for summary judgment without specifying the grounds. The appellate court affirmed the trial court's judgment, holding that both the Receiver and the Association were statutorily precluded from defending Memorial or reimbursing its defense costs under relevant provisions of the Texas Insurance Code.

Summary judgmentInsurance CodeDuty to defendReimbursementImpaired insurerReceivershipGuaranty AssociationAppellate reviewStatutory interpretationWorkers' compensation insurance
References
11
Case No. MISSING
Regular Panel Decision

Moore v. Memorial Hermann Hospital System, Inc.

Eloise Moore, an MHHS employee, sustained a back injury in November 1998 while working and subsequently sued her employer, Memorial Hermann Hospital System (MHHS), for negligence. MHHS, a non-subscriber to workers' compensation, had terminated Moore's employment after her return to "light duty." Following a jury trial, a verdict was rendered in favor of MHHS, finding their negligence was not the proximate cause of Moore's injury. Moore appealed, challenging the trial court's evidentiary rulings regarding excluded expert testimony, SSA records, and a treating physician's opinions, as well as the refusal of jury instructions and the use of an "Allen-type" charge. The appellate court affirmed the trial court's judgment, concluding that no abuse of discretion occurred in any of the challenged rulings.

Back injuryEmployment disputeNegligenceWorkplace safetyJury verdictAppellate reviewEvidentiary rulingsJury instructionsProximate causeExpert testimony
References
14
Case No. MISSING
Regular Panel Decision

Dortch v. Memorial Herman Healthcare System-Southwest

Plaintiff Kenneth Dortch, an African-American male, was terminated from his security officer position at Memorial Hermann Hospital System in 2006 due to alleged violations of the company's 'no-call/no-show' policy. Dortch, who suffers from ankylosing spondylitis, filed suit claiming discrimination based on sex, age, and disability under Title VII, ADA, and ADEA, along with a claim under the Occupational Health and Safety Act. The Court granted summary judgment to Memorial Hermann, dismissing all of Dortch's claims. It found that Dortch failed to establish a prima facie case for sex, age, or disability discrimination, including claims of disparate treatment, retaliatory discharge, hostile work environment, and failure to accommodate. The court also rejected Dortch's OSHA claim, stating that Section 11(c) does not create a private right of action.

Employment DiscriminationSummary JudgmentTitle VIIADAADEASex DiscriminationAge DiscriminationDisability DiscriminationRetaliatory DischargeHostile Work Environment
References
130
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
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