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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
Mar 12, 1991

Downing v. B & B Machine Repair, Inc.

Plaintiff William Downing, a lumber yard worker, sued B & B Machine Repair, Inc. after severing his thumb while operating a table saw that lacked a safety guard. The plaintiff alleged negligence, claiming B & B failed to procure a replacement guard as requested by his employer 16 months before the incident. The Supreme Court, Bronx County, denied B & B's motion for summary judgment on the negligence claim, citing material issues of fact regarding the availability of replacement guards, as refuted by the plaintiff's expert. This appellate court affirmed the denial of summary judgment, finding B & B's arguments lacked merit. A dissenting opinion argued for dismissal, contending B & B's contractual obligation was vague, its actions were not the proximate cause of the injury, and the employer was primarily at fault for using an unsafe saw.

Summary JudgmentNegligenceStrict Products LiabilityWorkplace InjuryTable Saw AccidentSafety GuardProximate CauseDuty of CareContractual ObligationExpert Witness
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between American Machine & Foundry Co. & Fay

The case involves three motions: the employer, American Machine & Foundry Company, seeks to stay arbitration initiated by Amalgamated Machine, Instrument & Metal Local 475 (union local); the union local seeks to compel arbitration; and William S. Abernathy, claiming to be chairman of the shop committee, seeks to intervene in support of the employer. The employer is caught between two factions of the union, each claiming authority over the grievance committee. The court grants Abernathy's motion to intervene, finding it a proper case under the Civil Practice Act. The court determines that the central issue of which committee has the authority to administer the collective bargaining agreement's grievance provisions is a triable issue of fact that cannot be decided on affidavits. Therefore, a jury trial is ordered for an early date in January 1949 to determine this authority, and all arbitration proceedings are stayed until then.

arbitration disputelabor lawcollective bargaininggrievance procedureunion representationintra-union conflictcourt interventionstay proceedingsjury trialprocedural law
References
7
Case No. E2001-00258-COA-R3-CV
Regular Panel Decision
Nov 29, 2001

George Tipton v. Axis Fabrication & Machine Co.

This personal injury case involves George Michael Tipton, who was injured by a metal cutting machine operated by Jeff Thomas at Axis Fabrication & Machine Company. The trial court granted a directed verdict for the defendants, citing a failure to prove lack of reasonable care. The plaintiffs appealed, arguing the defendants breached their duty of care by not warning Tipton of potential dangers and failing to replace a machine guard. The appellate court vacated the trial court's judgment, finding sufficient evidence for a jury to consider the defendants' negligence. The case was remanded for further proceedings.

personal injurypremises liabilitydirected verdictnegligenceduty of careforeseeabilityworkplace injurymachine operationwarning signsvicarious liability
References
7
Case No. 04-24-00797-CV
Regular Panel Decision
Jan 14, 2026

Eunice Villanueva v. Structural Repair, LLC; Isabel Alcantara; Frederick Marshall; Francis Check; Bradley Bertelsen; Michael Ellington; And Jarrod McBride

Eunice Villanueva appealed a summary judgment favoring Structural Repair, LLC and other appellees, stemming from a dispute over foundation repair. An initial arbitration between Villanueva and Advanced Foundation Repair, L.P. resulted in an award for Villanueva on a DTPA violation, which was subsequently confirmed by the trial court. Villanueva then sued the appellees, who were related to Advanced Foundation, asserting similar claims of fraud and DTPA violations. The appellees successfully moved for summary judgment, arguing res judicata based on the prior arbitration. The appellate court affirmed, holding that the arbitration award constituted a final judgment, the appellees were in privity with Advanced Foundation, and the claims were identical to those previously litigated, thus satisfying all elements of res judicata. The court also clarified that Villanueva's attempt to pierce the corporate veil did not introduce a new substantive claim precluding summary judgment.

Summary JudgmentAppealRes JudicataArbitration AwardPrivityCorporate VeilTexas Deceptive Trade Practices ActFoundation RepairFraudCivil Procedure
References
17
Case No. MISSING
Regular Panel Decision

De La Cruz v. Caddell Dry Dock & Repair Co.

This case addresses whether municipal vessels qualify as "public works" under Labor Law § 220 and Article I, § 17 of the New York State Constitution, thereby mandating prevailing wages for workers involved in their construction, maintenance, or repair. Plaintiffs, employees of Caddell Dry Dock & Repair Co., Inc., sued their employer and its sureties, asserting that they were third-party beneficiaries to contracts between Caddell and New York City agencies for work on various municipal vessels, including Staten Island Ferries and fireboats. The lower courts had dismissed the complaint, citing prior precedent, but the Court of Appeals reversed this decision. The Court established a new three-prong test for determining if a project is a "public work": (1) a public agency must be a party to a contract involving laborers, (2) the contract must involve construction-like labor paid by public funds, and (3) the primary objective of the work must benefit the general public. Applying this test, the Court concluded that municipal vessels serving the general public's use or benefit are indeed "public works," thus granting the plaintiffs' motion for partial summary judgment on liability.

Public works doctrinePrevailing wage lawLabor LawState Constitutional LawMunicipal vesselsStaten Island FerryFireboatsPublic benefitConstruction laborPublic funds
References
18
Case No. 13-20-00195-CV
Regular Panel Decision
Feb 17, 2022

Jaime Martinez D/B/A IMJ Truck Repair v. Hauling 365, LLC

This case involves an appeal from a default judgment issued by the County Court at Law No. 10 of Bexar County, Texas, concerning a negligence and breach of contract claim related to a transport truck repair. The appellant, Jaime Martinez d/b/a IMJ Truck Repair, challenged the denial of his motion for a new trial, the sufficiency of evidence for lost profits, and the award of attorney's fees to the appellee, Hauling 365, LLC. The appellate court affirmed the denial of the motion for a new trial, finding the first Craddock element (no conscious indifference) unsatisfied. It reversed the attorney's fees award due to a lack of presentment of claim, and remanded the issue of lost profits for a new trial due to legally and factually insufficient evidence.

Default judgmentNegligence claimBreach of contractMotion for new trialCraddock testConscious indifferenceLost profitsSufficiency of evidenceAttorney's feesPresentment requirement
References
24
Case No. MISSING
Regular Panel Decision

Raynor v. MOORES MACHINE SHOP, LLC

Joseph Lynn Raynor was electrocuted while welding on the premises of Moores Machine Shop, LLC. His parents, Jimmy Raynor and Ruby Lewis, individually and as representatives of Joseph’s estate, sued Moores for negligence and gross negligence. Moores moved for summary judgment, asserting claims were barred by the Workers’ Compensation Act (arguing Joseph was an employee) or Texas Civil Practice and Remedies Code chapter 95 (arguing Joseph was an independent contractor). The trial court granted summary judgment for Moores. On appeal, the Raynors contended the trial court erred in granting summary judgment. The appellate court found genuine issues of material fact regarding Joseph's employment status, precluding summary judgment under both grounds. The court reversed the summary judgment and remanded the case for further proceedings.

Workers' Compensation ActIndependent ContractorEmployee StatusSummary JudgmentNegligenceGross NegligenceWorkplace FatalityElectrocution AccidentRight of Control TestTexas Law
References
13
Case No. MISSING
Regular Panel Decision
Oct 17, 1983

Claim of McIntosh v. International Business Machines, Inc.

Claimant suffered a back injury on September 29, 1977, while working for International Business Machines, Inc. She continued to work until October 21, 1977, but subsequently experienced frequent absences due to disability. The Workers' Compensation Board made varying determinations regarding her disability, ultimately classifying it as a permanent partial disability with a 75% earning capacity. Despite conflicting medical opinions from numerous doctors, the Board's determination was supported by substantial evidence. The decision appealed from found that claimant had a permanent partial disability, and the appellate court affirmed this decision.

Permanent Partial DisabilityEarning CapacityMedical TestimonyConflicting EvidenceBoard DeterminationBack InjuryEmployment InjuryAffirmed DecisionJudicial ReviewWorkers' Compensation Board Decision
References
2
Case No. MISSING
Regular Panel Decision

Wilson v. International Business MacHines, Inc.

Plaintiff Caroline Wilson sued defendants International Business Machines (IBM) and Frank Urban, alleging gender and/or pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and N.Y. Executive Law § 296. Wilson's employment was terminated in 2002 during a reduction in force, shortly after returning from maternity leave. She argued she was unfairly laid off in favor of a male colleague. The defendants moved for summary judgment, asserting a legitimate, non-discriminatory business reason related to retaining the other employee's customer relationships and ongoing deals. The court found that while Wilson established a prima facie case, she failed to demonstrate that the defendants' reasons were a pretext for discrimination, or to present sufficient other evidence of unlawful discrimination. Consequently, the court granted the defendants' motions for summary judgment, dismissing the complaint.

DiscriminationGender DiscriminationPregnancy DiscriminationTitle VIIHuman Rights LawSummary JudgmentLayoffReduction in ForcePretextPrima Facie Case
References
12
Case No. MISSING
Regular Panel Decision

Cardella v. Henke Machine, Inc.

The case involves an appeal from a Supreme Court judgment regarding damages awarded to Francis Cardella, Jr. and his wife following a work-related injury in 1987. Plaintiff was struck in the head by a wood chipping machine, leading to various physical and psychological complaints. A jury found the defendant manufacturer liable, and the Supreme Court subsequently awarded substantial damages. On appeal, the court found insufficient proof of causal relation between the accident and many of plaintiff's complaints, such as back pain and fibromyalgia. Consequently, the appellate court significantly reduced the awards for past and future pain and suffering, as well as lost income and benefits, and disallowed all medical expenses. The awards for the plaintiff's wife's derivative claim for loss of consortium were affirmed. The judgment was modified and affirmed as modified.

Personal InjuryWorkers' CompensationDamagesAppellate ReviewMedical CausationHead TraumaPost-concussion SyndromeEmotional DistressLost WagesPain and Suffering
References
12
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