CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 10-10-00171-CV
Regular Panel Decision
Mar 14, 2012

Mary Frances Haferkamp v. SSC Waco Greenview Operating Company, LP, Mariner Healthcare Management Company, SSC Pasadena Operating Company, LP, LLC, Savanseniorcare, LLC, Savaseniorcare Administrative Services, LLC

Mary Frances Haferkamp appealed the trial court's summary judgment in favor of SSC Waco Greenview Operating Company LP and other entities. Haferkamp sued for negligence due to an alleged workplace injury, claiming appellees were nonsubscribers to worker’s compensation insurance and failed to provide a safe workplace and adequate tools. Appellees moved for summary judgment, arguing lack of proximate cause and no breach of duty. The appellate court affirmed the summary judgment, finding that Haferkamp's deposition testimony conclusively established that the appellees' alleged negligence was not the proximate cause of her injury, as the patient's sudden act was unpreventable and she would not have used a gait belt even if available.

Negligence ClaimWorkplace InjurySummary Judgment AppealProximate CauseTexas Labor CodeNonsubscriber EmployerEmployer Duty of CareAppellate ReviewDeposition TestimonyGait Belt
References
14
Case No. MISSING
Regular Panel Decision

Custom Transit, L.P., Richway Cartage, Inc., and Custom Operations, LLC v. Flatrolled Steel, Inc.

Flatrolled Steel Inc. sued Custom Transit, L.P., Custom Operations, LLC, and Richway Cartage, Inc., for breach of contract, negligence, and conversion related to damaged and lost steel coils. A jury found Custom Transit liable for breach of contract and conversion, and Custom Transit and Richway liable for negligence and gross negligence. The trial court entered a final judgment on July 9, 2010, allowing Flatrolled to recover contract damages from Custom Transit and actual and exemplary damages from Richway. On appeal, the court affirmed the trial court's judgment regarding contract damages and attorney's fees against Custom Transit and Custom Operations. However, the appellate court reversed the judgment for actual and exemplary damages against Richway, rendering a take-nothing judgment for Flatrolled against Richway, finding insufficient evidence to establish a duty of care for a negligent activity claim.

Contract LawNegligenceGross NegligenceConversionBreach of ContractEconomic Loss RuleAccord and SatisfactionProperty Owner RuleExpert TestimonySufficiency of Evidence
References
47
Case No. MISSING
Regular Panel Decision

State v. Terrell

This case addresses whether the State of Texas is liable under the Texas Tort Claims Act for personal injuries caused by a highway patrol officer's negligent operation of a motor vehicle. James M. Terrell and Security National Insurance Company sued the State after Officer White's patrol car collided with Terrell's vehicle during a radar operation in Runnels County. The District Court granted summary judgment for the State, but the Court of Civil Appeals reversed this decision. The Supreme Court affirmed the Court of Civil Appeals' judgment, holding that the State is subject to liability if the officer's negligence occurred within the scope of employment and outside an emergency. The Court clarified that while policy-making decisions regarding police protection are immune, negligence in executing those policies can lead to liability under the Act.

Texas Tort Claims ActSovereign ImmunityGovernmental LiabilityPolice NegligenceMotor Vehicle AccidentStatutory InterpretationEmergency ExemptionPolicy DecisionsDiscretionary FunctionScope of Employment
References
19
Case No. 2-04-065-CV
Regular Panel Decision
Jan 27, 2005

Tarrant County Hospital District D/B/A John Peter Smith Hospital v. GE Automation Services, Inc., F/K/A GE Industrial Systems Solutions, Inc., Supply Operations, Inc., F/K/A GE Supply Operations, Inc., and General Electric Company

Appellant Tarrant County Hospital District appealed a summary judgment granted to Appellees GE Automation Services, Inc., Supply Operations, Inc., and General Electric Company. The suit stemmed from a 1996 transaction where Appellant alleged Appellees provided a defective bus duct system, leading to contract, warranty, products liability, and negligence claims. The appellate court affirmed the trial court's decision, ruling that the four-year statute of limitations under the Uniform Commercial Code (Texas Business & Commerce Code § 2.725) barred the contract and warranty claims, overriding governmental immunity. Furthermore, the court held that the economic loss rule precluded Appellant's tort claims, as the alleged damages constituted economic losses to the subject matter of the contract itself.

Summary JudgmentGovernmental ImmunityStatute of LimitationsEconomic Loss RuleBreach of ContractBreach of WarrantyProducts LiabilityNegligenceUniform Commercial CodeTexas Civil Practice and Remedies Code
References
34
Case No. 14-02-00085-CV
Regular Panel Decision
Feb 13, 2003

Yucca Supply Company v. Continental Operating Company

Yucca Supply Company, appellant, sued Continental Operating Company, appellee, for amounts due for drilling-mud supplies and services. Continental counterclaimed, alleging damages caused by Yucca's negligence. The jury sided with Continental, awarding approximately $60,000. Yucca appealed, challenging the trial court's denial of its judgment n.o.v. motions on breach of contract and quantum meruit claims, as well as the legal and factual sufficiency of the negligence finding. The Fourteenth Court of Appeals affirmed the lower court's judgment, finding the contract issues were properly handled, quantum meruit claim was immaterial given the implied contract, and there was sufficient evidence to support the negligence finding. The court also upheld the trial court's evidentiary rulings and the denial of attorney's fees and interest to Yucca due to its lack of recovered damages.

Contract DisputeQuantum MeruitNegligenceDrilling ServicesOil and Gas IndustryAppellate ReviewJudgment Notwithstanding the VerdictEvidentiary RulingsBreach of ContractDamages Award
References
8
Case No. MISSING
Regular Panel Decision

Petroleum Exploration & Operating Corp. v. J. W. McCutchen Drilling Co.

This case concerns an appeal by Petroleum Exploration and Operating Corporation (Petro) against a summary judgment favoring J. W. McCutchen Drilling Company (McCutchen) in a suit on an indemnity agreement. The agreement stipulated McCutchen would indemnify Petro against claims by McCutchen's employees resulting from McCutchen's negligence. A McCutchen employee, W. R. Hardcastle, sued Petro for injuries and received workers' compensation benefits from McCutchen's carrier, prompting Petro's cross-claim for indemnity and contribution. The central legal question involved whether the indemnity clause circumvented the Workers' Compensation Act's prohibition on third-party recovery from employers. The court found the indemnity agreement valid under the Act and reversed the summary judgment, concluding McCutchen failed to prove its non-negligence as a matter of law.

Indemnity AgreementOil Drilling ContractSummary JudgmentWorkers' Compensation ActEmployer LiabilityContractual IndemnityNegligenceThird Party LiabilityReversed and RemandedTexas Law
References
1
Case No. 04-23-00062-CV
Regular Panel Decision
Mar 06, 2024

Enrique Orta, III, Individually and as Representative of the Estate of Enrique Orta, II, Ramona E. Moreno and Sabrina Orta v. SN Operating, LLC and Patco Wireline Services, LLC

This negligence case arises from the death of Enrique Orta, II, who allegedly suffered a fatal heat stroke while working for the appellees. Appellants, Orta's survivors, sued SN Operating, LLC and Patco Wireline Services, LLC, alleging negligence. The trial court granted summary judgment in favor of the appellees, citing a lack of evidence for proximate causation, specifically the necessity of medical expert testimony. The appellate court affirmed the decision, ruling that the symptoms and effects of heat stroke are not within the common knowledge of laypersons, thereby requiring expert medical testimony. Furthermore, the court found the appellants' proposed workplace safety engineer was not qualified to render a medical opinion on causation.

NegligenceWrongful DeathSummary JudgmentProximate CauseMedical Expert TestimonyHeat StrokeWorkplace SafetyAppellate ReviewTexas LawCausation
References
27
Case No. 07-01-0275-CV
Regular Panel Decision
Jan 24, 2003

Primrose Operating Company, Mike Byrd Casing Crews, Inc., and Byrd Power Tong Service, Inc. and Palmer Oil Field Construction Company v. Walter James Jones, III and Jona Jones, Ind. and as Next Friends for Their Minor Children

This case involves an appeal concerning an oilfield accident where Walter James Jones III and Jona Jones were awarded damages. Appellants Primrose Operating Company, Inc. and Palmer Oilfield Construction Inc. challenged the judgment. Key issues included allegations of jury tainting from a "mock trial" conducted by Jones's attorneys and the trial court's failure to submit a jury question regarding Primrose's right of control over Palmer's operations. The appellate court found no abuse of discretion in denying the mistrial motion related to the mock trial. However, it determined that Jones failed to establish Primrose's duty, as a jury finding on control was a necessary element for their negligence claim. Consequently, the appellate court reversed the trial court's judgment and rendered that Jones take nothing against Primrose and Palmer.

AppealOilfield AccidentNegligenceJury MisconductMock TrialRight of ControlIndependent ContractorPremises LiabilityWorker InjuryDamages
References
20
Case No. MISSING
Regular Panel Decision

Torch Operating Co. v. Bartell

Gary Bartell, employed by Plaisance Inspection & Enterprises, Inc., suffered personal injuries while working on a Torch Operating Company platform off the Louisiana coast. He began receiving workers’ compensation benefits from Plaisance under the Longshore and Harbor Workers’ Compensation Act through the Outer Continental Shelf Lands Act. The Bartells alleged various causes of action against Torch, including strict liability and negligence, and were awarded damages after a bench trial. Torch appealed, contending that the Bartells failed to plead a cause of action under OCSLA and that their claims were barred by Louisiana’s workers’ compensation act immunity. The court found that the Bartells' amended petition sufficiently notified the court and opposing party of the OCSLA claim. The court also held that federal immunity rules under OCSLA and LHWCA preempt Louisiana's broader contractor immunity, thus denying Torch's immunity argument. The judgment in favor of the Bartells was affirmed.

Personal InjuryWorkers' CompensationOuter Continental Shelf Lands ActLongshore and Harbor Workers' Compensation ActJones ActNegligenceStrict LiabilityContractor ImmunityFederal PreemptionLouisiana Law
References
16
Case No. No. 20-0505
Regular Panel Decision
Mar 11, 2022

in Re Eagleridge Operating, Llc

In this premises-defect case, Eagleridge Operating, LLC sought mandamus relief after a trial court struck its designation of Aruba Petroleum, Inc. as a responsible third party. Eagleridge contended that Aruba, a former wellsite owner-operator, held continuing responsibility for injuries from a burst gas pipeline under an independent contractor theory, despite having conveyed its ownership interest. The Supreme Court of Texas denied the petition, affirming the lower courts' decision that Occidental Chemical Corp. v. Jenkins was controlling. The Court reiterated that a property owner acts solely as an owner when improving its own property, and responsibility for premises defects generally transfers with the conveyance of ownership. The Court concluded that Aruba's compensation as operator of record did not transform its role from owner to independent contractor, and thus its responsibility terminated upon conveyance.

Premises liabilityMandamusResponsible third partyProperty ownershipOil and gas lawIndependent contractorOwner-operatorTexas Supreme CourtAppellate procedureCivil Practice and Remedies Code
References
28
Showing 1-10 of 6,176 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational