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

Case No. 01-14-00539-CV
Regular Panel Decision
Oct 21, 2015

Tan Duc USA v. Jimmy Tran

The document is an appellee's brief submitted by Jimmy Tran in response to an appeal filed by Hoang-Yen Thi Dang and Tan Duc Construction Limited Company. The underlying case involved a divorce, fraud, breach of fiduciary duty, and a prenuptial agreement between Dang and Tran. A jury in the District Court of Harris County found Dang liable for fraud against Tran, awarding him $650,000 in actual damages and $50,000 in exemplary damages related to the Memorial property. Tran's brief argues that the expert testimony regarding economic damages was reliable and that ample independent evidence, including property valuations from the prenuptial agreement and other documents, supported the jury's verdict. Furthermore, Tran contends that his fraud claim was an independent cause of action, not contingent on the existence of a separate agreement, and that any asserted errors in the jury instructions were either waived or harmless. The appellee requests the appeals court to affirm the trial court's judgment.

FraudDivorcePrenuptial AgreementProperty ValuationEconomic DamagesJury VerdictAppellate ReviewTexas Civil ProcedureReal Estate LawExpert Testimony
References
13
Case No. MISSING
Regular Panel Decision

THI OF TEXAS AT LUBBOCK I, LLC v. Perea

This case involves a medical malpractice action where the Perea family sued THI of Texas at Lubbock I, LLC, d/b/a Southwest Regional Specialty Hospital, and Pharmasource Healthcare for the wrongful death of Jacob Perea. Appellees alleged negligence and gross negligence in administering Ativan to Jacob despite his known allergy, leading to his death. A jury found the defendants negligent and THI grossly negligent, awarding substantial damages. THI appealed, challenging several aspects of the trial, including jury instructions, a trial amendment, sufficiency of evidence for negligence and gross negligence, exclusion of evidence, and the application of statutory liability caps. The appellate court reversed the trial court's judgment and remanded the case for proper application of the damage caps and apportionment of recovery.

Medical MalpracticeWrongful DeathSurvival DamagesNegligenceGross NegligenceAtivanDrug AllergyRespiratory DepressionCardiac ArrestHospital Negligence
References
81
Case No. 07-08-0359-CV
Regular Panel Decision
Jul 28, 2010

THI of Texas at Lubbock I, LLC, D/B/A Southwest Regional Specialty Hospital Pharmasource Healthcare, Inc. And Omnicare, Inc., D/B/A Pharmasource Healthcare, Inc. v. Mario Perea, Individually and as Representative of the Estate of Jacob Perea, Max Perea, Tony Perea, and George Perea

Appellant THI of Texas at Lubbock I, LLC, d/b/a Southwest Regional Specialty Hospital, appeals a jury verdict in a medical malpractice action, seeking wrongful death and survival damages, in favor of Appellees Mario Perea, Max Perea, Tony Perea, and George Perea, and the estate of their deceased father, Jacob Perea. Jacob Perea died after nurses at Southwest Hospital administered two doses of Ativan despite his documented allergy and prior adverse reactions to the drug. The jury found THI and Pharmasource proximately caused the injury and awarded significant damages, including exemplary damages, against THI. This court reverses the trial court's judgment and remands the case for recalculation of damages in accordance with statutory caps.

Medical malpracticeWrongful deathSurvival damagesNegligent credentialingNegligent hiringAtivanDrug allergyRespiratory depressionGross negligenceExemplary damages
References
85
Case No. ADJ1597303 (ANA 0386686)
Regular
Jul 31, 2013

NHAN NGUYEN vs. DMJ SPA AND NAILS, INC., dba DMJ TRUCKING, DANNY CAO DOAN, MY HOANG THI TRINH, NGHIA CONG TRINH

This Workers' Compensation Appeals Board case involves Nhan Nguyen as the applicant and DMJ Spa and Nails, Inc. and its principals as defendants. The applicant filed a petition for reconsideration of a decision dated April 30, 2013. However, the petitioner has since withdrawn their petition. Therefore, the Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardApplicantDefendantDMJ Spa and NailsInc.Danny Cao DoanMy Hoang Thi Trinh
References
0
Case No. 07-08-0359-CV
Regular Panel Decision
Jul 28, 2010

Roy Jon v. Lesley Dinwiddie, Zulfiquar Hussain, Jeremy Boggs, Joshua Kenny, Frank Renouf, Wendy Heckler, Allen Hanretta, Joel Guana, Richard Wathen, Texas Department of Criminal Justice and University Texas Medical Branch

Jacob Perea, an elderly patient with known Ativan allergies/sensitivities, was admitted to Southwest Regional Specialty Hospital. Despite documented warnings and family communications, hospital nurses, including charge nurse Espinoza, negligently administered two doses of Ativan. Jacob subsequently suffered cardiorespiratory arrest and died. His family sued THI (the hospital) for medical malpractice, wrongful death, survival damages, and negligent credentialing/hiring. The jury found THI negligent and grossly negligent. On appeal, THI challenged several aspects, including jury instructions and evidence sufficiency. The appellate court affirmed the findings of negligence and gross negligence but reversed and remanded on the issue of statutory damage caps, instructing the trial court to apply both general and specific caps for exemplary and noneconomic damages.

Medical MalpracticeWrongful DeathSurvival ActionNegligent CredentialingNegligent HiringAtivanDrug SensitivityRespiratory DepressionCardiac ArrestHospital Negligence
References
72
Case No. MISSING
Regular Panel Decision

Texaco Refining & Marketing, Inc. v. Estate of Tran

This case involves an appeal stemming from a wrongful death lawsuit. Yi Thi Pham and Do Van Tran sued Texaco Refining & Marketing, Inc. (TRMI) and Texaco Marine Services, Inc. (TMSI) for the death of their son, Dau Van Tran, who was crushed between a shrimp boat and a dock. The plaintiffs alleged that the tanker TEXACO CALIFORNIA, owned by the defendants, caused a massive wave due to excessive speed, leading to Dau Van Tran's fatal injury. The trial court ruled in favor of the plaintiffs, awarding damages. On appeal, TRMI and TMSI challenged the sufficiency of evidence for negligence, survival damages, mental anguish awards, prejudgment interest, and the exclusion of their expert witnesses. The appellate court affirmed the lower court's judgment, concluding that Texas state law, not general maritime law, governed the case, and found ample evidence to support the trial court's findings and damage awards.

NegligenceGross NegligenceWrongful DeathSurvival DamagesMaritime LawAdmiralty JurisdictionExpert Witness TestimonyDiscovery SanctionsMental AnguishPrejudgment Interest
References
20
Case No. 21-0676
Regular Panel Decision
Jun 07, 2024

Steve Huynh, Individually Yvonne Huynh, Individually Huynh Poultry Farm, LLC D/B/A Steve Thi Huynh Poultry Farm D/B/A Huynh Poultry Farm T & N Poultry Farm, LLC Thinh Bao Nguyen, Individually Timmy Huynh Poultry Farm Timmy Huynh, Individually And Sanderson Farms, Inc. v. Frank Blanchard, Angelia Snow, Tanya Berry, Kimberly Riley, John Miller, Amy Miller, Chad Martinez, Emily Martinez, Mersini Blanchard, Malakoff Properties, LLC, and Ronny Snow

This case originated from a nuisance suit brought by neighbors against two large poultry farms in Henderson County, Texas, operated by the Huynh family and Sanderson Farms, Inc. The neighbors alleged persistent, offensive odors constituting a nuisance. A jury initially found a temporary nuisance, leading the trial court to issue a permanent injunction that effectively shut down the farms. The Supreme Court of Texas affirmed the entitlement to permanent injunctive relief, agreeing that harm was imminent and legal remedies inadequate. However, it reversed the trial court's injunction in part, finding it overly broad for completely halting operations and imposing a wide geographic ban, and remanded the case for a more tailored injunction.

Nuisance LawPoultry FarmingEnvironmental RegulationsInjunctive ReliefProperty RightsOdor NuisanceTemporary NuisancePermanent NuisanceBalancing EquitiesJudicial Discretion
References
108
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to comply with a final sanctions order.

Labor Code Section 4907Professional Lien ServicesInc.Mike TrawWCABSanctions OrderBad FaithFrivolous ConductSuspension of PrivilegesAppealing
References
4
Case No. ADJ9180624
Regular
Jun 12, 2015

THEMAS THIES vs. NORGARD FARMS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with less than six months of employment who sustained a physical injury and claimed a resulting psychiatric injury. The applicant fell through a skylight while painting a roof, an event he argues was a sudden and extraordinary employment condition. The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's denial of the psychiatric claim. The Board found the fall through the skylight, despite the applicant knowing about skylights generally, was an uncommon and unexpected event, thus meeting the criteria of Labor Code section 3208.3(d) for an exception to the six-month employment rule for psychiatric injuries.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment thresholdreconsiderationWorkers' Compensation Appeals BoardFindings and Orderadministrative law judgeindustrial injurychemical shed
References
6
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removes the case to itself to issue a notice of intention to suspend the privileges of Professional Lien Services, Inc., and Mike Traw for failing to pay court-ordered sanctions and attorney's fees.

Labor Code Section 4907Suspension of PrivilegesProfessional Lien ServicesInc.Mike TrawOrder for Costs and SanctionsBad Faith ConductFrivolous PursuitWillful DisobedienceWCAB En Banc
References
4
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