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

Case No. 03-02-00403-CV
Regular Panel Decision
Jan 16, 2003

Randy Pretzer Scott Bossier Bossier Chrysler-Dodge II, Inc. D/B/A Bossier Country v. the Motor Vehicle Board and Motor Vehicle Division of the Texas Department of Transportation

This case involves an appeal concerning sanctions imposed by the Motor Vehicle Board against Randy Pretzer, Scott Bossier, and Bossier Chrysler-Dodge II, Inc. (collectively "Bossier") for violations of the Texas Motor Vehicle Code, specifically fraudulent practices that led to $180,000 in civil penalties. The Court of Appeals affirmed the Board's authority to sanction non-licensees for new vehicle sales violations under section 4.06(a)(5). However, it reversed the district court's finding of Board jurisdiction over used vehicle sales violations of section 4.06(a)(5) occurring before June 8, 1995. Additionally, the Court reversed the Board's power to prospectively limit Pretzer's employment in the motor vehicle industry. The case was remanded to the district court for redetermination of civil penalties consistent with the opinion, while Bossier's other arguments regarding notice, standard of proof, and constitutional challenges were overruled.

Motor Vehicle Code ViolationsFraudulent PracticesCivil PenaltiesStatutory AuthorityAdministrative LawJudicial ReviewUsed Vehicle SalesNew Vehicle SalesLicense RevocationDue Process
References
49
Case No. MISSING
Regular Panel Decision

Pretzer v. Motor Vehicle Board

This case concerns an appeal by Randy Pretzer, Scott Bossier, and Bossier Chrysler-Dodge II, Inc. d/b/a Bossier Country (collectively, "Bossier") against sanctions imposed by the Motor Vehicle Board and Motor Vehicle Division of the Texas Department of Transportation ("Board"). The Board had imposed civil penalties for violations of sections 4.06(a)(5) and 4.06(a)(6) of the Texas Motor Vehicle Code. The district court affirmed in part, overruled in part, and reversed and remanded in part the Board's final order. The appellate court affirmed the district court's judgment in part, reversed and rendered in part concerning the Board's power to bar Pretzer from the motor vehicle industry, and remanded the cause for further proceedings regarding the redetermination of civil penalties based on the correct jurisdictional scope of section 4.06(a)(5) for used vehicle sales before June 8, 1995.

Texas Motor Vehicle CodeStatutory InterpretationAdministrative LawCivil PenaltiesFraudulent PracticesDealer LicensingNon-licensee SanctionsUsed Vehicle SalesSubstantial Evidence ReviewEqual Protection
References
50
Case No. MISSING
Regular Panel Decision
Sep 23, 2005

Stamm v. PHH Vehicle Management Services, LLC

This case involves an appeal concerning plaintiffs Thoburn, III (Toby) and Cannon, who, as young children, were present during a car accident in 1985 that left their mother with severe and permanent brain injuries. They subsequently filed a lawsuit against their father, Thoburn M. Stamm, Jr., and PHH Vehicle Management Services, LLC, alleging physical and emotional injuries, specifically emotional distress and post-traumatic stress syndrome, under the 'zone of danger' theory. Defendants moved for summary judgment, arguing that the alleged emotional injuries were not proximately caused by the direct observation of their mother's serious injury during the accident. The Supreme Court initially denied the defendants' motions, but the appellate court unanimously reversed this decision, granting summary judgment to the defendants and dismissing the complaint with prejudice, concluding that plaintiffs failed to provide sufficient evidence to support their zone of danger claims.

Zone of DangerNegligent Infliction of Emotional DistressSummary JudgmentAppellate ReversalCar AccidentEmotional InjuryParental ConsortiumPsychiatric EvaluationEvidentiary StandardsProximate Causation
References
5
Case No. 03-21-00239-CV
Regular Panel Decision
May 25, 2023

Star Houston, Inc.// Cross-Appellant,Volvo Cars of North America, LLC N/K/A Volvo Car USA, LLC v. Volvo Cars of North America, LLC N/K/A Volvo Car USA, LLC, and Board of the Texas Department of Motor Vehicles// Star Houston, Inc., and Board of the Texas Department of Motor Vehicles

Star Houston, Inc. and Volvo Car USA, LLC appealed a Final Order of the Motor Vehicle Board. The administrative proceeding involved Star protesting Volvo's termination of its franchise and alleging violations of Occupations Code chapter 2301 by Volvo's Dealer Incentive Programs. Star and Volvo petitioned for judicial review, which was subsequently removed to the Court of Appeals. The court rejected the Board's standing challenge against Volvo's cross-appeal. The court found substantial evidence supporting the Board's conclusions that Volvo's CSI and SSI programs violated Occupations Code sections 2301.467(a)(1) and 2301.468, upholding that they required adherence to unreasonable sales/service standards and treated dealers unfairly. Additionally, the court rejected Star's claims that other incentive programs violated various statutory provisions. Ultimately, the Motor Vehicle Board's Final Order was affirmed.

Texas Court of AppealsMotor Vehicle BoardFranchise TerminationDealer Incentive ProgramsOccupations CodeAdministrative LawJudicial ReviewStandingSubstantial Evidence RuleCustomer Satisfaction Index (CSI)
References
38
Case No. MISSING
Regular Panel Decision

LOPEZ-JUAREZ v. Kelly

Alejandro Juarez died in a multi-vehicle accident involving an initial rear-end collision by Michael A. Weisheit, which propelled Juarez's vehicle into the path of a tour bus driven by Andrew Johnson, an employee of Huey Kelly, d/b/a Kelly Tours. Juarez's wife, Gloria Lopez-Juarez, sued multiple parties; however, only the allegations against Kelly Tours proceeded to trial, where the jury found Weisheit solely responsible. Lopez-Juarez appealed, raising issues regarding the admissibility of expert testimony from Trooper Colby Hobbs and the denial of a negligence per se instruction. The appellate court found that the trial court abused its discretion in admitting Hobbs' expert testimony due to his lack of qualifications for complex accident reconstruction. However, this error was deemed non-reversible as Hobbs' testimony was cumulative. The court also affirmed the denial of the negligence per se instruction, concluding there was insufficient evidence of proximate causation linking the bus driver's expired medical certificate to the accident. Consequently, the appellate court affirmed the trial court's judgment.

Traffic AccidentMulti-vehicle CollisionExpert Testimony AdmissibilityAccident ReconstructionNegligence Per SePolice Officer QualificationsAppellate ReviewProximate CauseDriver Medical CertificateTexas Courts of Appeals
References
82
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision
Jan 06, 2003

Yanulavich v. Appeals Board of Administrative Adjudication Bureau of the New York State Department of Motor Vehicles

The petitioner appealed the dismissal of his CPLR article 78 proceeding, which challenged the Department of Motor Vehicles' (DMV) revocation of his driver's license. The revocation stemmed from an incident where the petitioner, who reported vision issues due to diabetes, struck a flag person. After failing initial vision tests and subsequently passing with corrective lenses, the petitioner failed a road test, leading to the license revocation. The appellate court affirmed the lower court's decision, ruling that the DMV had reasonable grounds, based on the accident, the petitioner's statement, and his physician's report, to require a road test, thus supporting the revocation.

driver's licenselicense revocationvision impairmentdiabetesroad test failureadministrative appealCPLR Article 78Vehicle and Traffic Lawreasonable groundsmotor vehicle accident
References
2
Case No. 2018 NY Slip Op 00712 [158 AD3d 1114]
Regular Panel Decision
Feb 02, 2018

Bonczar v. American Multi-Cinema, Inc.

Plaintiff David M. Bonczar commenced an action seeking damages for injuries sustained when he fell from a ladder in a movie theater owned by American Multi-Cinema, Inc. He was updating a fire alarm system as a subcontractor. The Supreme Court granted plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1). The Appellate Division reversed this order, concluding that plaintiff failed to meet his initial burden because he did not know why the ladder malfunctioned and might not have checked its positioning or locking mechanism. The majority found a plausible view that plaintiff's own acts were the sole cause of the accident. A dissenting opinion argued that plaintiff had met his burden and the defendant failed to raise a triable issue of fact.

Ladder AccidentLabor Law § 240(1)Summary Judgment MotionAppellate ReviewProximate CausationSole Proximate Cause DefenseWorkplace SafetyFall from HeightStatutory ViolationDuty to Provide Protection
References
15
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
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