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

Case No. 14-03-01447-CV
Regular Panel Decision
Nov 30, 2004

Maria Isabel Martinez v. Daniel Ruel Martinez

Appellant Maria Isabel Martinez appealed a default judgment entered against her and in favor of appellee Daniel Ruel Martinez. Maria argued the trial court erred by failing to set aside the default judgment under the Craddock test and that the final divorce decree violated Section 153.004 of the Texas Family Code by appointing Daniel managing conservator with exclusive authority over the children's domicile. The appellate court affirmed the trial court's decision, concluding Maria's failure to answer was due to her own neglect and indifference, thus failing the first prong of the Craddock test. Furthermore, the court found Maria waived her argument regarding Section 153.004 by not raising it in the trial court.

DivorceChild ConservatorshipDefault JudgmentCraddock TestAppellate ProcedureFamily LawTexas LawProcedural Due ProcessParental RightsAbuse of Discretion
References
11
Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. 04-19-00058-CV
Regular Panel Decision
Jul 31, 2019

HEB Grocery Company L.P. v. Maria Del Rosario Del Cid

Juan Del Cid Castillo sued HEB Grocery Company, L.P. for negligence after sustaining workplace injuries. His wife, Maria Del Rosario Del Cid, filed a derivative loss of consortium claim within the same lawsuit. HEB moved to compel arbitration for Juan's claim and to stay Maria's claim, citing an arbitration agreement signed by Juan. The trial court granted arbitration for Juan but denied HEB's motion to stay Maria's claim. HEB appealed this denial. The Fourth Court of Appeals in San Antonio determined that Maria's loss of consortium claim is derivative, shares operative facts, and is inherently inseparable from Juan's arbitration claim, thus falling under the mandatory stay provisions of the Federal Arbitration Act. Consequently, the appellate court reversed the trial court's order and remanded the case, directing the trial court to stay all proceedings related to Maria's claim pending the outcome of Juan's arbitration.

ArbitrationFederal Arbitration ActLoss of ConsortiumNegligenceStay of ProceedingsInterlocutory AppealDerivative ClaimNon-SignatoryAbuse of DiscretionTexas Civil Practice and Remedies Code
References
15
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. 04-06-00372-CV
Regular Panel Decision
Jun 13, 2007

Avelardo Miranda v. Maria T. Miranda

Avelardo and Maria Miranda divorced in 1974. In 1978, Maria obtained a default judgment in Texas for a division of military retirement benefits and child support from Avelardo. In 2006, Maria filed a motion to change the method of payment of Avelardo's military retirement benefits, which the trial court granted, holding it had the power to modify the 1978 order nunc pro tunc. On appeal, Avelardo contended the trial court lacked plenary power and improperly modified the judgment. The appellate court concluded that the trial court's modification was a judicial error, not a clerical one, and that the trial court lacked jurisdiction to revise the 1978 judgment after its plenary power expired. Therefore, the judgment of the trial court was reversed and rendered in favor of Avelardo Miranda.

Divorce LawMilitary Retirement BenefitsChild Support OrderNunc Pro Tunc JudgmentClerical ErrorJudicial ErrorPlenary PowerJurisdictionDefault JudgmentModification of Judgment
References
5
Case No. 01-14-00892-CV
Regular Panel Decision
Oct 13, 2014

Adelaida Salazar Bautista A/K/A Adelaida Alvarado, Individually and as Next Friend of Maria Jennifer Aide A/K/A Maria Jennifer Alvarado, A. A., A. A., I. S. A., M. A., and E. A., Minors And Irineo Alvarado and Maria Ana Moctezuma v. Trinidad Drilling Limited

This is an interlocutory appeal of an order granting a special appearance by Trinidad Drilling Ltd., a Canadian corporation, in a wrongful death lawsuit. Appellants Adelaida Salazar Bautista et al. sued Trinidad Drilling Ltd. for the death of Nabor Alvarado, alleging negligence and attempting to establish specific personal jurisdiction by claiming the parent company controlled and oversaw the subsidiary's drilling operations in Texas. The trial court, Hon. Brent Gamble presiding in the 270th Judicial District Court of Harris County, granted Trinidad Drilling Ltd.'s special appearance on October 13, 2014. Trinidad Drilling Ltd. argues that it lacks sufficient contacts with Texas for specific or general personal jurisdiction, maintaining that it is a separate entity from the subsidiary, Trinidad LP, and therefore its corporate independence should be respected. The appellee requests the Court to affirm the trial court's judgment.

Personal JurisdictionSpecific JurisdictionGeneral JurisdictionCorporate Veil PiercingParent-Subsidiary RelationshipWrongful DeathNegligenceSpecial AppearanceInterlocutory AppealTexas Law
References
8
Case No. 22-0889
Regular Panel Decision
May 03, 2024

Oscar Renda Contracting, Inc. v. Theodis Bruce, Maria Bruce, Virginia Cordova, Sergio Cordova, Victor Corral, Jose Dominguez, Magdalena Juarez, Bernarda Lopez, Elisa Negrete, Maria Reyes, Luis Velazquez, Jose Valdez, Antonio Salgado, Maria Salgado, and Iris Jordan

In a construction dispute, homeowners sued Oscar Renda Contracting, Inc. for negligence and gross negligence, seeking actual and exemplary damages. The jury awarded exemplary damages, but its verdict was not unanimous. The trial court excluded exemplary damages, citing Civil Practice and Remedies Code Section 41.003, which requires jury unanimity for such awards. The court of appeals reversed, suggesting that unanimity could be implied and that the defendant had waived its objection. The Supreme Court of Texas reversed the court of appeals, holding that the burden to secure a unanimous verdict for exemplary damages rests with the claimant. The Court emphasized that unanimity cannot be implied or deemed in the face of a divided verdict and reinstated the trial court's judgment excluding exemplary damages.

Exemplary DamagesJury UnanimityCivil ProcedureStatutory InterpretationBurden of ProofTexas Supreme CourtConstruction DisputeGross NegligenceDivided VerdictJury Instructions
References
15
Case No. 04-00-00528-CV
Regular Panel Decision
Feb 07, 2001

Maria Reynosa and Antonio Reynosa, Individually and as Next Friends of David Reynosa v. the University of Texas Health Science Center

The appellants, Maria and Antonio Reynosa, individually and as next friends of David Reynosa, a minor, appealed the trial court's decision to grant a plea to jurisdiction and motion to dismiss filed by the University of Texas Health Science Center at San Antonio. The appellee contended that the suit was barred by governmental immunity. The underlying suit alleged negligence by several medical professionals during Maria Reynosa's childbirth. The appellate court affirmed the trial court's judgment, concluding that the appellee did not waive its immunity against suit because the individuals alleged to be negligent did not meet the statutory definition of

Governmental ImmunityTexas Tort Claims ActMedical MalpracticeNegligence AllegationsEmployee StatusSubject Matter JurisdictionAppellate AffirmationPlea to JurisdictionMotion to DismissTrial Court Ruling
References
10
Case No. MISSING
Regular Panel Decision

In re Maria A.

This case involves an appeal from an order of disposition by the Family Court, Kings County, dated April 19, 1979, which found appellant Maria to be a juvenile delinquent and placed her with the Division for Youth, Title III, for 18 months. Maria argued that her placement was not supported by a preponderance of the evidence and that less coercive alternatives were not considered. The delinquency finding stemmed from Maria's admission to acts constituting second-degree robbery and second-degree manslaughter. At the dispositional hearing, conflicting expert opinions were presented regarding the appropriate placement, with court-appointed experts favoring a more secure facility due to concerns about Maria's impulse control, while appellant's experts suggested an open residential setting. The appellate court affirmed the order, finding no basis for reversal after balancing the child's needs and community protection.

Juvenile DelinquencyFamily CourtOrder of DispositionPlacementDivision for YouthRobberyManslaughterPreponderance of EvidenceDispositional HearingResidential Facility
References
1
Case No. 13-99-379-CV
Regular Panel Decision
Nov 30, 2000

Worker's Compensation Division v. Cavazos, Maria

Maria Cavazos was injured on the job at the Rio Grande State Center and a jury found her totally and permanently incapacitated. The Workers' Compensation Division appealed the judgment, challenging the sufficiency of the evidence. The appellate court affirmed the jury's finding of total and permanent incapacity, noting that such disability can be established by the worker's testimony alone. However, the court reversed the trial court's order regarding the payment of Dr. Mireles' deposition fees, applying a new rule (Tex. R. Civ. P. 195.7) that mandates the retaining party (Cavazos) to pay for expert witness fees for depositions taken after January 1, 1999.

Workers' CompensationTotal IncapacityPermanent IncapacityExpert Witness FeesDeposition CostsRules of Civil ProcedureAppellate ReviewJury VerdictSufficiency of EvidenceTexas Law
References
15
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