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

Case No. 2023 NY Slip Op 04372 [219 AD3d 819]
Regular Panel Decision
Aug 23, 2023

Iannaccone v. United Natural Foods, Inc.

The plaintiff, Louis Iannaccone, appealed an order from the Supreme Court, Rockland County, which had granted summary judgment dismissing his Labor Law § 240 (1) claim. Iannaccone alleged personal injuries suffered in October 2015 while installing camera systems for United Natural Foods, Inc., when an extension ladder he was on, resting on landscaping rocks, shifted and caused him to fall. The Supreme Court initially granted motions by the defendant and third-party defendants (Protection One Alarm Monitoring, Inc., and Protection One Systems, Inc.) to dismiss the Labor Law § 240 (1) cause of action. The Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant and third-party defendants failed to establish, prima facie, that Iannaccone's actions were the sole proximate cause of his injuries. The Appellate Division noted Iannaccone's testimony about the unsafe alternative placement of the ladder and the lack of evidence that available safety ties, not at the job site, would have prevented the fall. Consequently, the motions for summary judgment dismissing the Labor Law § 240 (1) claim were denied.

Personal InjuryLadder SafetyLabor Law 240(1)Summary Judgment ReversalAppellate ReviewProximate CauseRecalcitrant WorkerSafety DevicesConstruction AccidentWorkplace Injury
References
16
Case No. MISSING
Regular Panel Decision

South Texas Natural Gas Gathering Co. v. Guerra

This personal injury suit arose when David Guerra was injured by a bulldozer striking a gas transmission line in Hidalgo County, Texas. The jury found the defendant, South Texas Natural Gas Gathering Company, negligent on five grounds for failing to mark its pipeline and warn workers. The trial court rendered judgment awarding damages to Guerra, his employer South Texas Cattle Management Corporation, and N. H. Roane, Contractor, Inc., and denied the Gas Company's third-party claims. On appeal, the judgment was affirmed, with the court rejecting arguments regarding 'extraordinary use' of the land, excessive damages, and issues concerning jury strikes and evidence.

Personal InjuryGas Pipeline AccidentNegligenceDamagesProximate CauseExtraordinary Use of LandWarning SignsDuty to WarnJury FindingsAppellate Review
References
22
Case No. MISSING
Regular Panel Decision

Zacharie v. U.S. Natural Resources, Inc.

This case involves an appeal by the Zacharies, children of Martha Ray Zacharie, against a summary judgment in favor of U.S. Natural Resources, Inc., Friedrich Air Conditioning & Refrigeration Co., and The Friedrich Company. Martha Ray Zacharie developed latent occupational diseases, including pneumoconiosis and silicosis, during her employment. The trial court's summary judgment on negligence, negligence per se, and occupational disease claims was affirmed due to Martha's lack of due diligence in serving process, which barred her claims under the statute of limitations. However, the appellate court reversed the summary judgment regarding the Zacharies' independent claim for gross negligence and exemplary damages. This claim, brought under the Texas Constitution and the Texas Workers’ Compensation Act, was deemed viable and not derivative of Martha's time-barred personal injury claims, allowing the children to pursue it.

Occupational DiseaseStatute of LimitationsGross NegligenceExemplary DamagesDiscovery RuleDue DiligenceTexas Workers' Compensation ActWrongful DeathSurvival ActionSilicosis
References
28
Case No. 13-06-352-CV
Regular Panel Decision
Dec 13, 2007

Endeavor Natural Gas, L.P., Acting Through Its General Partner, Eng Management, L.L.C., Formerly Known as Endeavor Natural Gas, L.L.C. v. Magnum Hunter Production, Inc., Prize Energy Resources, L.P., and Prize Operating Company

Endeavor Natural Gas, L.P. initiated a lawsuit against Magnum Hunter Production, Inc. and its affiliates, seeking to reclaim $766,472.72 in severance tax refunds and credits associated with oil and gas properties. The core of the dispute revolved around the interpretation of an Assignment and a subsequent Letter Agreement, specifically defining "expenses" and "revenues" related to the properties. Endeavor argued that the tax refunds constituted expenses, thus falling under the Letter Agreement which would entitle Endeavor to these funds. Conversely, Magnum Hunter asserted that these refunds were neither expenses nor revenues, meaning the broader terms of the Assignment, which favored Magnum Hunter, should govern. The trial court ultimately sided with Magnum Hunter, granting their motion for summary judgment and denying Endeavor's. The appellate court affirmed this decision, concurring that the severance tax refunds and credits did not fit the definitions of "expenses" or "revenues" within the Letter Agreement, thereby upholding that the Assignment's provisions, beneficial to Magnum Hunter, were applicable.

Contract DisputeSummary JudgmentOil and GasSeverance TaxTax RefundsContract InterpretationLegal DefinitionsTexas LawAppellate ReviewProperty Conveyance
References
41
Case No. 03-98-00340-CV
Regular Panel Decision
Jun 17, 1999

Texas Natural Resource Conservation Commission Texas Farm, Inc. And Dean Paul D/B/A Paul Farms/Accord Agriculture, Inc. v. Accord Agriculture, Inc./Texas Natural Resource Conservation Commission Texas Farm, Inc. And Dean Paul D/B/A Paul Farms

Accord Agriculture, Inc. (Accord) initiated a lawsuit against the Texas Natural Resource Conservation Commission (TNRCC), challenging the validity of rules established for concentrated animal feeding operations (CAFOs). Accord contended that the TNRCC failed to meet the Administrative Procedure Act's (APA) reasoned justification requirement and exceeded its statutory authority in promulgating these rules. The trial court invalidated the CAFO rules due to the lack of reasoned justification but dismissed Accord's claims regarding a 'takings' violation and the constitutionality of the Right to Farm Act. On appeal, the Court of Appeals affirmed the invalidation of the CAFO rules and the dismissal of the 'takings' claim. However, it reversed the dismissal of Accord's challenge to the Right to Farm Act, remanding that specific issue for further proceedings.

Administrative Procedure ActReasoned JustificationConcentrated Animal Feeding OperationsEnvironmental RegulationWater QualityAir QualityDeclaratory JudgmentStandingTakings ClaimRight to Farm Act
References
55
Case No. MISSING
Regular Panel Decision

Dinkins v. Farley

This case addresses a question of first impression regarding employer liability under respondeat superior for an employee's accident while driving to a tuition-subsidized class. The plaintiff sustained personal injuries in an accident involving an automobile operated by Victor F. Farley, an employee of Xerox Corporation, who was driving to a class funded by Xerox's tuition aid program. The plaintiff sought to hold Xerox liable, arguing Victor was acting within the scope of his employment. The court analyzed the nature of the tuition aid program, emphasizing the primary personal benefit to the employee, lack of employer control over travel, and the contingent nature of the tuition reimbursement. Ultimately, the court determined that Victor's activity was not sufficiently connected to his employment to invoke respondeat superior, granting Xerox's motion to dismiss and denying the plaintiff's cross-motion for summary judgment.

Respondeat SuperiorScope of EmploymentTuition Aid ProgramPersonal InjurySummary JudgmentCPLR 3211CPLR 3212Automobile AccidentEmployer LiabilityEmployee Education
References
8
Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. MISSING
Regular Panel Decision

Magnolia Petroleum Co. v. Texas Illinois Natural Gas Pipeline Co.

Magnolia Petroleum Company initiated an action against Texas Illinois Natural Gas Pipeline Company, seeking injunctive relief, a declaration of rights, and money damages. The controversy stemmed from the Federal Power Commission's (FPC) assertion of jurisdiction over natural gas producers and gatherers following the Supreme Court's decision in Phillips Petroleum Co. v. Wisconsin. Magnolia sought to terminate its contracts based on FPC orders, while Texas Illinois filed a complaint with the FPC, arguing Magnolia was a regulated 'natural gas company'. The District Court determined it lacked jurisdiction over the declaratory relief concerning the FPC orders' validity, citing the need for exhaustion of administrative remedies. However, it retained jurisdiction over the claim for money damages and the contractual dispute regarding gas withdrawals for repressuring. Consequently, the court denied Magnolia's request for injunctive relief against Texas Illinois's FPC proceeding and partially granted and partially denied the motion to dismiss.

JurisdictionNatural Gas ActFederal Power CommissionContract TerminationDeclaratory JudgmentInjunctive ReliefPrimary JurisdictionAdministrative LawGas SalesRepressuring Operations
References
11
Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. 03-17-00534-CV
Regular Panel Decision
Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

This is an appeal from a summary judgment in a personal injury car-crash case involving an incapacitated person, Douglas Lee Stroup (Appellant). Appellant sued Penny Harrington Taylor for negligence and MRM Management, Inc. (Appellee) for vicarious liability, alleging Taylor, a licensed real estate salesperson, was acting for MRM. Appellee's motion for summary judgment was granted, asserting Taylor was an independent contractor, thus negating vicarious liability. Appellant argues that the independent contractor agreement is void under the Texas Occupation Code, which assigns liability to brokers for their salespersons' tortious conduct. Furthermore, Appellant contends that MRM should be estopped from relying on the agreement, and that factual disputes exist regarding Taylor's employment status, joint-enterprise liability, and statutory vicarious liability under the Texas Occupations Code. Appellant seeks to reverse the trial court's order granting summary judgment, arguing sufficient evidence was presented to raise genuine issues of material fact for trial.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal
References
22
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