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

Case No. 3-90-002-CV
Regular Panel Decision
Aug 28, 1991

Texas Department of Mental Health and Mental Retardation v. Opal Petty, by Herself and Through Her Next Friends, and Linda Kaufman and Herbert Clinton Denson, as Next Friends of Opal Petty

Opal Petty, through her next friends, sued the Texas Department of Mental Health and Mental Retardation for personal injuries caused by employee negligence, recovering a $250,000 judgment. Both parties appealed. The Court of Appeals, Third District of Texas, addressed whether medical records and plans constituted 'tangible personal property' under the Texas Tort Claims Act, if the Department had actual notice of the injury, and the constitutionality of the statutory damages cap and pre-judgment interest. The court affirmed the trial court's judgment, holding that the items were tangible property, actual notice was met, and the damage limit was constitutional. Ms. Petty's cross-points regarding additional damages and pre-judgment interest were overruled.

Governmental immunityTexas Tort Claims ActPersonal injuryNegligenceMental health careMental retardationTangible propertyActual noticeFalse imprisonmentDamages limitation
References
45
Case No. NO. 03-12-00207-CV
Regular Panel Decision
May 02, 2014

David L. Lakey, M.D., in His Official Capacity as Commissioner of the Texas Department of State Health Services v. Floyd Taylor, by His Next Friend, Melissa Shearer Gabriela Hernandez, by Her Next Friend, Melissa Shearer Zachary Ridgeway, by His Next Friend, Martin J. Cirkiel Stanley Jackson, by His Next Friend, Martin J. Cirkiel

This case involves a challenge by Disability Rights Texas and nine individuals, criminal defendants found incompetent to stand trial, against the Commissioner of the Texas Department of State Health Services. The plaintiffs alleged that the Department's system for prioritizing the transfer of incompetent defendants to hospitals for competency-restoration treatment, known as the Forensic Clearinghouse List, was unconstitutional. The trial court granted summary judgment for the plaintiffs, finding that the waiting list violated their due course of law rights by causing prolonged delays in treatment. The Commissioner appealed this decision. The Court of Appeals reversed the trial court's grant of summary judgment, concluding that the Department's system is not unconstitutional on its face. The court reasoned that not all detainees on the list are held solely for competency restoration, as some may be detained for independent, constitutionally sound reasons such as being a danger to others or a flight risk. Furthermore, the court found no policy requiring a specific long wait time for all detainees. Therefore, the appellate court vacated the trial court’s permanent injunction and rendered judgment in favor of the Commissioner.

Due ProcessSubstantive Due ProcessIncompetent to Stand TrialCompetency Restoration TreatmentMental Health ServicesState HospitalsForensic Clearinghouse ListFacial Constitutional ChallengeConfinement LegalityTexas Constitution
References
25
Case No. 23-0697
Regular Panel Decision
Jun 28, 2024

State of Texas Office of the Attorney General of the State of Texas Texas Medical Board Texas Health and Human Services Commission And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas v. Lazaro Loe, Individually and as Next Friend of Luna Loe, a Minor Mary Moe and Matthew Moe, Individually and as Next Friends of Maeve Moe, a Minor Nora Noe, Individually and as Next Friend of Nathan Noe, a Minor Sarah Soe and Steven Soe, Individually and as Next Friends of Samantha Soe, a Minor Gina Goe, Individually and as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. And American Association of Physicians for Human

The Supreme Court of Texas reversed and vacated a temporary injunction against Senate Bill 14, which prohibits certain medical treatments for minors related to gender transition. Parents of children with gender dysphoria, along with physicians and LGBTQ+ advocacy groups, had challenged the law as unconstitutional, alleging infringements on parental rights, occupational freedom for physicians, and discrimination based on sex and transgender status. The Court concluded that the plaintiffs failed to establish a probable right to relief, asserting that parental rights are not absolute and the Legislature has constitutional authority to regulate medicine, especially regarding novel treatments for new conditions. The Court also found no unconstitutional discrimination, stating the law treats males and females equally in its prohibitions and that "transgender status" is not a protected class under the Texas Constitution.

Parental RightsMedical RegulationGender DysphoriaConstitutional LawDue Course of LawEqual ProtectionTransgender RightsMinors' Medical TreatmentLegislative AuthorityTexas Supreme Court
References
62
Case No. No. 07-18-00054-CV
Regular Panel Decision
Aug 29, 2019

Patricia Steen, Individually and as Next Friend of B.S., a Minor v. Texas Mutual Insurance Company

Patricia Steen, individually and as next friend of B.S., a minor, appealed the trial court's judgment denying workers' compensation death benefits for her husband, Bill C. Steen. Bill Steen, an employee of Caprock Construction, LLC, died in a motor vehicle accident while driving a company truck with a friend. The central issue was whether Steen was acting within the course and scope of his employment at the time of his death. The trial court found that Steen's travel was not part of his job duties and did not originate in his employer's business. The Court of Appeals affirmed the trial court's decision, concluding that the fatal injury did not originate in the employer's work, trade, or profession, and thus, attorney's fees were also properly denied.

workers' compensationcourse and scope of employmentmotor vehicle accidentdeath benefitsemployer liabilityappellate reviewfactual sufficiencylegal sufficiencyTexas Labor Codeemployer-provided vehicle
References
15
Case No. 07-08-0182-CV
Regular Panel Decision
May 23, 2008

in Re Diane Garrett as Next Friend of Cheyenne Garrett, a Minor, Relator

Relator Diane Garrett, acting as next friend for Cheyenne Garrett, filed a petition for a writ of mandamus seeking to overturn a trial court's order transferring venue of her underlying lawsuit from Lubbock County to Scurry County. The underlying suit alleged that Brandon Garrett was killed due to the gross negligence of Patterson-UTI Drilling Co., L.P., and Ricky White during his employment. The respondents, Patterson-UTI and White, had successfully moved to transfer venue. The Court of Appeals for the Seventh District of Texas at Amarillo denied the relator's petition, ruling that mandamus relief is generally not warranted for venue decisions, as an adequate remedy exists through appeal once the trial concludes. The court found no extraordinary circumstances in this case to deviate from the general rule.

MandamusVenue TransferAppellate ReviewTrial Court DiscretionAbuse of DiscretionWorkers' CompensationGross NegligenceTexas LawProcedural LawInterlocutory Appeal
References
7
Case No. 03-07-00315-CV
Regular Panel Decision
Nov 06, 2009

Emilio Zamora, Individually, and Angela Valenzuela, Individually and as Next Friends of Luz Zamora v. Mark Kazanoff, Jamy Kazanoff, and Ruby Miranda, Individually and Jointly and as Next Friends of Aaron Kazanoff, a Minor

Luz Zamora, an eight-year-old, was injured while playing with Aaron Kazanoff, a six-year-old, using a bungee cord which snapped and struck her eye, causing partial permanent vision loss. Her parents, Emilio Zamora and Angela Valenzuela, sued Aaron, his parents, and his babysitter, Ruby Miranda, alleging various theories of negligence. The district court granted summary judgment for appellees on some claims and a jury found in their favor on the remaining claims. The Court of Appeals affirmed the district court's judgment, holding that a six-year-old child could not foresee the danger of the bungee cord, thus Aaron owed no legal duty. The court also found no duty owed by Ms. Miranda to Luz and upheld the jury instructions and parental liability decisions due to waiver or lack of legal support.

NegligenceChild InjuryForeseeabilityParental LiabilityDuty of CareSummary JudgmentDirected VerdictJury InstructionsAppellate ReviewMinor's Negligence
References
25
Case No. 14-00-00763-CV
Regular Panel Decision
Jul 24, 2003

Exxon Corporation v. James Makofski, Sr., as Next Friend of James Makofski, Jr. Barton Russell, as Next Friend of John Russell Andrea Russell San Juanita Devora Felipe Devora And Codi Stennett

This case involves an appeal regarding alleged benzene contamination from an oil well, which plaintiffs claimed caused various health problems including acute lymphocytic leukemia (ALL) and anemia. The trial court initially found Exxon negligent and grossly negligent, awarding damages, but later reduced or eliminated most awards. On appeal, the court reviewed the scientific evidence presented by the plaintiffs' medical experts and epidemiological studies, finding it legally insufficient to establish a causal link between benzene exposure and the alleged diseases under the Havner standards. The court also rejected claims for mental anguish damages based on fears of future diseases without present manifestation or reasonable medical probability. Consequently, the appellate court reversed the trial court's judgment, rendering judgment that the plaintiffs take nothing.

Benzene ContaminationEnvironmental LitigationToxic TortEpidemiological EvidenceScientific Reliability of Expert TestimonyCausation in Toxic TortsAcute Lymphocytic Leukemia (ALL)AnemiaMental Anguish DamagesFuture Damages
References
31
Case No. 14-20-00262-CV
Regular Panel Decision
Apr 28, 2022

Bertoldo Balderas, as Next Friend of Rigoverto Balderas v. Zurich American Insurance Company

Bertoldo Balderas, as next friend of Rigoverto Balderas, appealed a trial court's judgment affirming an administrative decision that denied workers' compensation benefits. Rigoverto Balderas sustained injuries at work and was found to be intoxicated, precluding compensation under the Texas Workers’ Compensation Act. The appellant challenged the trial court's rulings regarding the employer's identity, insurance coverage, the sufficiency of intoxication evidence based on blood alcohol tests, and alleged errors in the jury charge and admissibility of medical records. The Fourteenth Court of Appeals reviewed the issues and ultimately affirmed the trial court's judgment. The court found sufficient evidence to support the jury's finding of intoxication and rejected arguments regarding evidentiary and procedural errors.

Intoxication DefenseEmployer IdentificationSummary Judgment AppealJudicial Review of Administrative DecisionsBlood Alcohol ConcentrationRetrograde Extrapolation ReliabilityAdmissibility of EvidenceCorporate StructureInsurance Policy CoverageConstitutional Rights
References
39
Case No. 2-07-225-CV
Regular Panel Decision
Aug 29, 2008

Vicki Presley, as Next Friend of Shawn Davis v. Republic Energy Drilling, L.L.C.

Vicki Presley, as next friend of her deceased son Shawn Davis, appealed a summary judgment granted in favor of Republic Energy Drilling, L.L.C., Shawn's former employer, in a wrongful death and survival action. Presley challenged the application of res judicata, arguing that Shawn's father lacked capacity to represent the estate in a prior Dallas County lawsuit. The court affirmed the trial court's judgment, holding that the challenge to capacity was an invalid collateral attack. It further ruled that the Texas Workers' Compensation Act provided the exclusive remedy, as no intentional injury by the employer was proven, and denied vicarious liability claims. The court concluded that all claims, including intentional infliction of emotional distress, were either barred by res judicata or otherwise not viable.

Summary JudgmentRes JudicataCollateral EstoppelStanding to SueCapacity to SueWorkers' Compensation ActIntentional Injury ExceptionVicarious LiabilityRespondeat SuperiorWrongful Death
References
49
Case No. 07-01-0111-CV
Regular Panel Decision
Oct 31, 2001

Shanna Perez, Individually and as Next Friend of Samantha Perez v. Williams & Peters Construction Company

Shanna Perez, individually and as next friend of Samantha Perez, appealed a take-nothing summary judgment in her gross negligence suit against Williams & Peters Construction Co., Inc. The suit stemmed from the death of Pedro Perez during his employment, who was asphyxiated by sand while cleaning a bin. Despite the employer being a worker's compensation subscriber, the appellant sought damages for gross negligence. The appellate court reviewed whether the appellant presented more than a scintilla of evidence for gross negligence, applying the standard of extreme risk and subjective awareness of the risk with conscious indifference. The court ultimately found no evidence that the employer or its employees subjectively knew of the particular risk to Pedro on the day of the incident, despite potential OSHA violations and inadequate procedures, and thus affirmed the trial court's summary judgment.

Gross NegligenceSummary Judgment AppealWorkplace FatalityConfined Space AccidentEmployer LiabilityWorker's Compensation LawTexas Court of AppealsAsphyxiation DeathOSHA ViolationsConscious Indifference
References
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