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

Case No. MISSING
Regular Panel Decision

Town & Country Mobile Homes, Inc. v. Bilyeu

Wanda Ruth Bilyeu sued her employer, Town & Country Mobile Homes, Inc., for personal injuries sustained during employment after stepping on a wooden cable spool. The employer did not carry workers' compensation insurance, removing common law defenses. The jury found the employer provided an unsafe means of access, which was the proximate cause of Bilyeu's injuries, and awarded her damages. The employer appealed, arguing it had provided a safe means of access and that Bilyeu's use of an unsafe method was unforeseeable. The appellate court affirmed the trial court's judgment, distinguishing prior cases by noting the employer's knowledge and provision of the unsafe method.

Workers' Compensation ExemptionEmployer NegligenceUnsafe Workplace ConditionsProximate CausePersonal InjuryAppellate ReviewJudgment Non Obstante VeredictoDamages AwardLost WagesPain and Suffering
References
6
Case No. 2-07-133-CV
Regular Panel Decision
Mar 06, 2008

Mark Rotella Custom Homes, Inc. D/B/A Benchmark Custom Homes and Mark David Rotella v. Joan Cutting

This case involves an appeal by Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes and Mark David Rotella (Appellants) against Joan Cutting (Appellee). Appellants challenged the trial court's decision to grant summary judgment and deny their motion for a new trial, primarily arguing a lack of proper notice. The Court of Appeals, Second District of Texas, affirmed the trial court's judgment, concluding that evidence of selective refusal of service established constructive notice. The court also upheld Mark Rotella's joint and several liability, citing his personal guarantee in the construction contract and his liability for tortious acts as an agent. Appellants' claim regarding a lack of fraudulent intent was overruled due to insufficient briefing.

Summary JudgmentMotion for New TrialNotice RequirementsDue ProcessConstructive NoticeService of ProcessJoint and Several LiabilityCorporate Agent LiabilityFraudulent IntentAppellate Review
References
26
Case No. No. 95 Civ. 5338 (JGK)
Regular Panel Decision
Dec 11, 1995

Petition of Home Ins. Co.

The Home Insurance Company (Home) filed a petition to compel arbitration against Svedala Industries Inc. (Svedala) under the Federal Arbitration Act concerning disputed retrospective premiums. Svedala cross-moved to dismiss, arguing the dispute arose under an insurance policy without an arbitration clause and that Home had previously invoked federal jurisdiction in a Wisconsin action. The court clarified that only the Southern District of New York could compel arbitration, as specified in the agreement. The court granted Home's petition, concluding that the broad arbitration clause in the Retrospective Premium Agreement covered the dispute, and denied Svedala's cross-motion, thereby ordering the parties to proceed with arbitration.

ArbitrationFederal Arbitration ActRetrospective Premium AgreementWorkers Compensation PolicyMotion to Compel ArbitrationStay of ProceedingsFirst-Filed RuleContract InterpretationScope of Arbitration ClauseBad Faith Claim
References
15
Case No. MISSING
Regular Panel Decision

American Home Shield Corp. v. Lahorgue

This case addresses the enforceability of a contractual indemnity clause under Texas fair notice requirements. American Home Shield (American Home) sought indemnity from Turn-Key Pool & Spa (Turn-Key) following a personal injury suit stemming from a spa heater explosion serviced by Turn-Key. The trial court denied American Home's motion for summary judgment and granted Turn-Key's, ruling the indemnity provision failed both the conspicuousness requirement and the express negligence doctrine. On appeal, American Home contended the provision satisfied fair notice or, alternatively, Turn-Key had actual notice. The appellate court affirmed the trial court's judgment, concluding the indemnity provision was not conspicuous and American Home failed to establish actual knowledge, thus rendering the clause unenforceable.

Contractual IndemnityFair Notice RequirementsConspicuousnessExpress Negligence DoctrineActual Knowledge ExceptionSummary JudgmentTexas LawIndemnity ClauseService Agreement DisputeAppellate Review
References
14
Case No. 2-07-226-CV
Regular Panel Decision
Jan 31, 2008

Mark Rotella, Individually, and Mark Rotella Custom Homes, Inc., D/B/A Benchmark Custom Homes v. Dozier Cabinet Works, Inc.

Appellants Mark Rotella, individually, and Mark Rotella Custom Homes, Inc., d/b/a Benchmark Custom Homes, appealed a trial court's default judgment in favor of Dozier Cabinet Works, Inc. Appellants contended that the trial court abused its discretion by denying their motion for new trial, arguing they failed to set up a meritorious defense. The court found that mere allegations of beliefs or legal conclusions were insufficient for a meritorious defense. Appellants also argued that the trial court erred in holding Rotella vicariously liable under the Texas Property Code, claiming no contract existed in the record. However, the default judgment stated that the trial court heard evidence and found Rotella personally liable under Chapter 162 of the Texas Property Code. The appellants failed to provide a reporter's record to show error in the trial court's judgment. Therefore, the appellate court affirmed the trial court's judgment.

Default JudgmentMotion for New TrialAbuse of DiscretionMeritorious DefenseVicarious LiabilityTexas Property CodeConstruction Trust FundsAppellate ReviewReporter's Record BurdenCivil Procedure
References
7
Case No. No. 10-12-00197-CV
Regular Panel Decision
Sep 05, 2013

Brian Dunn, Janel Dunn and Leisel Moseley v. Happy Hill Farm Academy/Home and Happy Hill Farm Children's Home Endowment Fund, Happy Hill Farm Children Home, Inc., A/K/A Dallas Cowboys Courage House

Appellants Leisel Moseley, Brian Dunn, and Janel Dunn appealed a summary judgment favoring Happy Hill Farm Academy/Home and related entities. They claimed wrongful termination, alleging Happy Hill Farm operates as a treatment or mental-health facility under the Texas Health and Safety Code, and contested the applicability of statutory exemptions. The court affirmed the summary judgment, ruling that Happy Hill Farm is neither a treatment nor a mental-health facility, but a basic child care facility with a school. Furthermore, the court found Happy Hill Farm exempt from former Chapter 242 of the Texas Health and Safety Code, as it operates under the jurisdiction of the Texas Department of Family and Protective Services, a recognized state agency.

Summary judgmentWrongful terminationTexas Health and Safety CodeMental health facilityTreatment facilityBoarding schoolState agency exemptionEmployment at willRetaliatory dischargeMedical misconduct
References
17
Case No. MISSING
Regular Panel Decision

Nixson v. Mobil Oil Corp.

David R. Nixson, an employee of Mobil Oil Corporation, suffered a severe arm injury requiring amputation in 1994 while working with rail cars. Mobil was a subscriber under the Texas Workers’ Compensation Act, and Nixson received workers' compensation benefits. Nixson subsequently filed a suit against Mobil and Marie Newman under the Texas Railroad Liability Act. The trial court granted a summary judgment in favor of Mobil and Newman, which Nixson appealed. The appellate court affirmed the summary judgment, concluding that Nixson's failure to provide notice waiving workers' compensation benefits and electing a statutory cause of action under the Railroad Liability Act limited him to the exclusive remedy of the Workers' Compensation Act, as determined by statutory construction regarding the conflict between the two acts.

Workers' CompensationRailroad Liability ActSummary JudgmentExclusive RemedyStatutory ConflictLegislative IntentElection of RemediesTexas LawIndustrial AccidentEmployee Injury
References
17
Case No. 14-02-00860-CV
Regular Panel Decision
Feb 23, 2006

Lennar Corporation, Lennar Homes of Texas Land and Construction, Limited, and Lennar Homes of Texas Sales and Marketing, Limited, D/B/A Village Builders v. Great American Insurance Company, American Dynasty Surplus Lines Insurance Company, Markel American Insurance Company Gerling America Insurance Company, RLI Insurance Company, Insurance Company of the State of Pennsylvania and Westchester Fire Ins Company

This case concerns an insurance coverage dispute between homebuilder Lennar Corporation and its CGL insurance carriers over damages caused by defective stucco (EIFS) applied to homes. The court analyzed whether negligently defective construction constitutes an "occurrence" and distinguished between covered costs (repairing actual water damage) and non-covered costs (preventative EIFS replacement, overhead). While affirming summary judgment for several insurers due to unmet self-insured retentions based on individual homes as separate occurrences, the court reversed for American Dynasty and Markel, citing unresolved factual issues regarding "known loss" and policy conditions. Lennar's extra-contractual claims against American Dynasty were ultimately denied for lack of proven damages or statutory violations.

Insurance Policy InterpretationConstruction DefectsCommercial Liability InsuranceProperty Damage ClaimsStucco DefectsDuty to IndemnifySelf-Insured RetentionsKnown Loss PrincipleSubcontractor LiabilityTexas Law
References
96
Case No. MISSING
Regular Panel Decision

Bobby Duncan v. First Texas Homes and First Texas Homes, Inc.

Bobby Duncan, an employee of First Texas Homes, sustained injuries after falling from stairs on a construction site. He alleged negligence, citing unsafe working conditions and failure to inspect the premises, particularly due to insufficient clearance on the stair platform that violated OSHA and company safety standards. The trial court granted summary judgment in favor of First Texas. On appeal, the court reversed and remanded, finding that genuine issues of material fact existed regarding First Texas's actual knowledge of the dangerous condition, whether the condition posed an unreasonable risk of harm, and if First Texas's negligence was the proximate cause of Duncan's injuries. The court emphasized that an employee's awareness of a defect does not necessarily eliminate the employer's duty in a nonsubscriber case.

Summary JudgmentPremises LiabilityEmployer NegligenceNonsubscriber EmployerOccupational SafetyConstruction Site InjuryHazardous ConditionForeseeabilityProximate CauseAppellate Review
References
61
Case No. MISSING
Regular Panel Decision

Diamond v. Reilly Homes Construction Corp.

Plaintiffs Dale A. Diamond and James Panek sustained injuries at a construction site in East Fishkill while assembling a modular home. The accident occurred when a suspended roof section, being hoisted to allow for 'knee wall' installation, fell on them due to bracket failure. Plaintiffs subsequently filed a claim under Labor Law § 240 (1) against defendants Reilly Homes Construction Corporation, Chelsea Homes, Inc., and Royal Crane, Inc. The Supreme Court initially denied plaintiffs' motion for partial summary judgment and granted summary judgment to Reilly Homes and Chelsea Homes, while also granting summary judgment to Royal Crane. The appellate court modified the orders, reversing the denials against Reilly Homes and Chelsea Homes and granting partial summary judgment to plaintiffs, but affirmed the summary judgment in favor of Royal Crane.

Labor Law § 240 (1)Construction Site AccidentFalling ObjectSummary JudgmentAppellate ReviewHoist ApparatusElevation DifferentialWorker SafetyContractor LiabilityStatutory Interpretation
References
6
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