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

Case No. 3-92-182-CV
Regular Panel Decision
Mar 31, 1993

Great American Insurance Company v. North Austin Municipal Utility District No. 1

North Austin Municipal Utility District No. 1 (MUD) sued Great American Insurance Company (Great American), a construction surety, and other parties over a defective waste-water system. Following a jury trial, judgment was rendered in favor of MUD against all defendants, with Great American being the sole appellant. Great American challenged the trial court's judgment on multiple grounds, including the underlying liability of Underground Utilities, jury charge issues, the applicability of the Insurance Code to commercial sureties, sufficiency of evidence for violations, attorney's fees, and prejudgment interest. The Court of Appeals, Third District of Texas, found no reversible error and affirmed the trial court's judgment, confirming Great American's liability for unfair or deceptive acts and upholding the awards.

Surety LawConstruction ContractBreach of ContractDeceptive Trade Practices ActInsurance Code ViolationsAttorney's FeesPrejudgment InterestJury InstructionsAppellate ReviewContractual Liability
References
38
Case No. MISSING
Regular Panel Decision

Weakley County Municipal Electric System v. Vick

The case involves an appeal by Kenneth Vick and members of Local Union Number 835, International Brotherhood of Electrical Workers, against an injunction prohibiting picketing of the Weakley County Municipal Electric System. The appeal challenged the constitutionality of the Municipal Electric Plant Law of 1935 as applied to Weakley County and the right of a municipal electric system to enter into collective bargaining agreements with a labor union. The Court affirmed the lower court's decision, upholding the constitutionality of the Act. It ruled that while a municipal electric system operates in a proprietary capacity, it remains a governmental agency and thus cannot lawfully enter into collective bargaining agreements with a labor union, making strikes and picketing for such purposes illegal.

Labor DisputeInjunctionPicketingCollective BargainingMunicipal CorporationGovernmental FunctionProprietary FunctionConstitutional LawCounty PowersPublic Employees
References
27
Case No. 12-20-00082-CV
Regular Panel Decision
Jan 06, 2021

Sean Self v. West Cedar Creek Municipal Utility District

Sean Self appealed a take-nothing judgment granted to West Cedar Creek Municipal Utility District, dismissing Self’s suit for damages from sewage flooding his home. Self alleged negligent use of motor-driven equipment, premises defect, unconstitutional taking, non-negligent nuisance, and breach of contract. The appellate court affirmed the trial court's decision, finding that Self failed to establish a waiver of governmental immunity under the Texas Tort Claims Act for the motor-driven equipment claim, as the damages arose from a broken plastic coupler, not the motor-driven pump. The court also found no evidence to support the premises liability, takings, non-negligent nuisance, or breach of contract claims, thus the District retained immunity.

Governmental ImmunityTexas Tort Claims ActPlea to JurisdictionMotor-Driven EquipmentPremises DefectInverse CondemnationBreach of ContractNon-negligent NuisanceSewage FloodMunicipal Utility District
References
36
Case No. MISSING
Regular Panel Decision
Apr 05, 2004

Laratro v. City of New York

This document presents a dissenting opinion concerning a tort claim against a municipality for injuries sustained due to a failure to provide emergency assistance, a governmental function typically protected by immunity. The dissent argues that the plaintiff failed to establish a 'special relationship' with the municipality, specifically the 'direct contact' element, as contact was made by a coworker rather than the injured party. The opinion emphasizes that expanding the definition of direct contact to include non-family or non-contractual third parties should be a legislative or higher court decision due to the lack of precedent and potential for significantly increased municipal liability. The majority, however, reversed the lower court's decision, denying the municipal defendants' motion for summary judgment and reinstating the complaint.

Special relationship doctrineMunicipal immunityDirect contactEmergency services liabilityTort lawSummary judgmentNew York appellate courtGovernmental functionCoworker contact
References
25
Case No. MISSING
Regular Panel Decision

Erwin v. Rose

This case addresses the liability of a municipality and its agents under the Governmental Tort Liability Act, as well as the liability of an underinsured motorist carrier. Ms. Erwin's parents filed a wrongful death action after their daughter was killed in a high-speed chase involving Deputy Mike Rose of Maury County. The court apportioned fault between Deputy Rose and Tracy Joe Lovell, limiting Maury County's liability to $130,000 and dismissing claims against Deputy Rose. The court affirmed the dismissal of the claim against the underinsured motorist carrier, Tennessee Farmers Mutual Insurance Co., finding that payments from other tort-feasors reduce the carrier's coverage. The appellate court affirmed the lower court's decisions on municipal and agent liability and the dismissal of the underinsured motorist claim, but reversed the award of prejudgment interest as it exceeded the statutory liability limit for the municipality. A petition to rehear was subsequently overruled.

Governmental Tort Liability ActUnderinsured Motorist CoverageWrongful DeathHigh-Speed ChasePolice MisconductMunicipal LiabilityDeputy Sheriff LiabilityPrejudgment InterestInsurance Policy LimitsCivil Rights Violations
References
21
Case No. MISSING
Regular Panel Decision

Gentile v. Nulty

Police Officer Steven Gentile sued his employers, Kevin A. Nulty (Chief of Police) and the Town of Orangetown, alleging deprivation of rights under 42 U.S.C. § 1983 and New York General Municipal Law § 207-c.l. Gentile claimed defendants continually denied him workers' compensation benefits in retaliation for previous legal actions to secure those benefits related to two work-related injuries: post-traumatic stress disorder and physical injuries. Defendants moved to dismiss and/or for summary judgment, arguing Gentile waived his rights by paying doctors directly and that they preserved their right to challenge liability. The court denied defendants' motions, finding Gentile had not waived his rights and defendants had not preserved their right to challenge liability, and stated an inclination to grant partial summary judgment to Gentile on the issue of liability.

Workers' Compensation BenefitsPolice Officer RightsGeneral Municipal Law § 207-c.lRetaliatory ActionsDue ProcessFifth AmendmentFourteenth AmendmentWaiver of RightsSummary Judgment MotionMotion to Dismiss
References
24
Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
Case No. 2-07-128-CV
Regular Panel Decision
Nov 26, 2008

City of the Colony, Texas AND City of Frisco, Texas AND North Texas Municipal Water District v. North Texas Municipal Water District and City of Frisco, Texas AND City of the Colony, Texas

The City of The Colony, Texas, entered into a tri-party contract in 1998 with the City of Frisco, Texas, and the North Texas Municipal Water District for the construction and operation of a regional wastewater system. The Colony later ceased payments and sued Frisco and the District for breach of contract, declaratory judgment that no contract was formed, and rescission. The trial court largely granted summary judgment to Frisco and the District, leaving only certain claims for trial. On appeal, the Court affirmed the trial court's judgment regarding The Colony's claims and the District's appeal. However, for Frisco's appeal, the court reversed the jury's $0.00 damages award, rendering judgment that The Colony owed Frisco $642,863.98 for breach of contract.

Contract LawWastewater SystemMunicipal LawSummary JudgmentBreach of ContractDeclaratory JudgmentRescissionUnjust EnrichmentPromissory EstoppelAppellate Review
References
112
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

Texas Municipal Power Agency v. Public Utility Commission and City of Bryan

In this interlocutory appeal, the Texas Municipal Power Agency challenged a Public Utility Commission (PUC) order concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power Agency filed both an APA appeal and a Uniform Declaratory Judgment Act (UDJA) claim, the latter of which was dismissed by the district court on grounds of sovereign immunity and duplication of remedies. The Court of Appeals reversed this dismissal, ruling that the UDJA waives sovereign immunity when interpreting an agency's general statutory authority, even if a parallel APA appeal addressing specific agency actions is ongoing. The court emphasized that the UDJA action sought a broader declaration of the Commission's fundamental authority, distinguishing it from merely challenging a particular agency order. Therefore, the case was remanded for further proceedings on the declaratory judgment claim.

Sovereign ImmunityDeclaratory Judgment Act (UDJA)Administrative Procedure Act (APA)Subject Matter JurisdictionInterlocutory AppealPublic Utility CommissionElectricity Transmission RatesStatutory InterpretationAgency AuthorityDuplicate Remedies
References
35
Case No. MISSING
Regular Panel Decision
Nov 03, 1995

Great American Insurance Co. v. North Austin Municipal Utility District No. 1

This case addresses the duties and liabilities of a commercial surety to its bond obligee. The Supreme Court of Texas held that there is no common law duty of good faith and fair dealing between a commercial surety and its bond obligee, comparable to that between a liability insurer and its insured, thereby reversing the court of appeals' judgment on this point. The Court also determined that Article 21.21 of the Insurance Code does not apply to a commercial surety. However, the Court affirmed the court of appeals' holding that Great American Insurance Company, as the surety, is liable under the terms of the performance bond for the default of its principal, Underground Utilities Company, in a wastewater lift station construction project. The Court further concluded that Great American is liable for attorneys' fees resulting from its own breach of the performance bond, calculating the amount to be $132,501.07. The case was remanded to the trial court for further proceedings concerning prejudgment interest.

Commercial SuretyBond ObligeeGood Faith and Fair Dealing DutyInsurance Code ApplicabilityPerformance BondBreach of ContractAttorneys' FeesTexas Supreme CourtConstruction ProjectWastewater Lift Station
References
31
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