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Case Law Database

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

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 The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties.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. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. MISSING
Regular Panel Decision

Thomas v. Keystone Silver, Inc.

This case addresses a motion to dismiss a complaint filed under Section 16b of the Federal Fair Labor Standards Act. The central issue is whether an ex-employee can initiate and maintain a representative action on behalf of other current employees who are members of a rival union, particularly when these employees did not consent to the action and it proceeds against their will. The court ruled that such a representative action cannot be sustained under these circumstances, citing concerns about consent, interests of the represented parties, and public policy. The motion was granted to strike all allegations pertaining to the representative character of the action, except for Harry Orfinger's individual claim.

Fair Labor Standards ActRepresentative ActionLegal Capacity to SueMotion to DismissEx-EmployeeUnion RepresentationClass ActionMultiplicity of ActionsPublic PolicyEmployee Rights
References
4
Case No. 04-08-00554-CV
Regular Panel Decision
Nov 25, 2009

Barbara Jane Irwin v. Mike Irwin, as Representative of the Estate of Richard Lee Irwin

This appeal concerns a summary judgment in favor of the Estate of Richard Lee Irwin against his ex-wife, Barbara Jane Irwin. Richard, an employee of the DEA, had designated Barbara as the primary beneficiary of his FEGLIP life insurance policy, with his sons Mike and John as contingent beneficiaries. After their divorce, Richard updated his will to exclude Barbara but never changed his life insurance beneficiary designation. Upon Richard's death, Barbara received the policy proceeds. Mike, representing Richard's estate, sued Barbara to recover the proceeds, claiming the estate had standing. The trial court granted summary judgment for the estate, imposing a constructive trust on the proceeds. The appellate court reversed and remanded the decision, ruling that the estate lacked standing as it was not a designated beneficiary and life insurance proceeds are nontestamentary assets. The court noted that Mike and John, as contingent beneficiaries, would be the proper plaintiffs.

Federal Employees Group Life Insurance Act (FEGLIA)Beneficiary DesignationDivorce DecreeEstate StandingConstructive TrustLife Insurance ProceedsSummary Judgment AppealNontestamentary AssetsAppellate ReviewTexas Law
References
7
Case No. 01-22-00313-CV
Regular Panel Decision
May 16, 2024

Team Industrial Services, Inc. v. Kelli Most, Individually and as Personal Representative of the Estate of Jesse Henson

Kelli Most, individually and as personal representative of the estate of Jesse Henson, sued Team Industrial Services, Inc. for wrongful death and survival claims after Henson died from severe burns sustained in a steam release at a Kansas power plant. Most alleged Team was negligent in servicing pressure relief valves. The jury found Team 90% negligent and Westar (Henson's employer) 10% negligent, awarding Most $222 million in damages. On appeal, Team challenged the trial court's denial of its motion to dismiss for forum non conveniens and its refusal to apply Kansas law, which has limits on non-economic damages and different joint and several liability rules. The appellate court found that Kansas law should have been applied for proportionate responsibility and wrongful death damages caps, and that the jury's non-economic damages award was excessive due to improper arguments. The court also determined that all forum non conveniens factors favored dismissal to Kansas, vacating the judgment and dismissing the case.

Wrongful DeathSurvival ActionNegligence (Corporate)Forum Non ConveniensChoice of Law (Conflicts)Damages CapsComparative NegligenceExcessive DamagesAppellate Court DecisionIndustrial Safety
References
74
Case No. 13-22-00241-CV
Regular Panel Decision
Jul 20, 2023

Dorothy Sands, Individually and as Representative of the Estate of Cecilia Stanford, and Julie Stanford v. AutoZone Parts, Inc.

Dorothy Sands, individually and as representative of the estate of Cecilia Stanford, deceased, and Julie Stanford (collectively "Sands") appealed a summary judgment granted in favor of AutoZone Parts, Inc. Sands had brought negligent undertaking and gross negligence claims against AutoZone. This stemmed from a fatal incident where Cecilia Stanford was struck by a motorist after her vehicle, for which AutoZone had performed a diagnostic service and allegedly advised her it was safe to drive, stalled on the road. The Court of Appeals, Thirteenth District of Texas, affirmed the trial court's judgment. It concluded that AutoZone's alleged negligent undertaking was too attenuated to be the proximate cause of Stanford's injuries and death, and consequently, the gross negligence claim also failed.

Negligent undertakingGross negligenceSummary judgmentProximate causeCause-in-factForeseeabilityMotor vehicle accidentDiagnostic serviceAppellate reviewTexas law
References
24
Case No. 12-01-00214-CV
Regular Panel Decision
Oct 23, 2002

Arcon, Inc. v. Mary Malone, Individually and as Representative of the Estate of David W. Griggs, and Sartain Structures

Arcon, Inc. appealed the trial court's denial of its special appearance in a lawsuit filed by Mary Malone, individually and as representative of David W. Griggs' estate, and Sartain Structures. Malone's lawsuit originated from a construction accident in Oklahoma that led to Griggs' death. Arcon, an Oklahoma corporation, argued it lacked sufficient contacts with Texas for personal jurisdiction. Malone contended that Arcon's past construction projects in Texas established general jurisdiction. The appellate court, after reviewing precedents on minimum contacts and due process, determined that Arcon's activities in Texas were not continuous and systematic enough to confer general jurisdiction. Consequently, the court reversed the trial court's order and instructed it to dismiss Malone's claims against Arcon for lack of personal jurisdiction.

Personal JurisdictionSpecial AppearanceGeneral JurisdictionLong-Arm StatuteDue ProcessMinimum ContactsTexas LawAppellate ProcedureConstruction LiabilityCorporate Contacts
References
26
Case No. 07-08-0160-CV
Regular Panel Decision
Jul 09, 2009

Charlotte Welch, Individually and as Representative of the Estate of L v. Welch v. Hurd Oil Field Services, Inc.

Charlotte Welch, individually and as representative of the Estate of L.V. Welch, appeals a summary judgment entered in favor of Hurd Oil Field Service, Inc. The wrongful death suit alleged negligence, claiming Hurd's employee, Robert Browning, owed a duty of care to L.V. Welch, an inexperienced worker, and breached it, leading to L.V.'s death by heat exhaustion. The court reviewed the trial court's summary judgment de novo, focusing on whether Browning owed an assumed or other duty of care to L.V. Welch. The appellate court found that Browning did not assume such a duty, as his actions were limited to observing and reporting, not intervening, and that Texas law generally imposes no 'good Samaritan' duty. Consequently, the trial court's judgment was affirmed.

Wrongful DeathSummary JudgmentNegligence ClaimDuty of CareAssumed DutyGood Samaritan RuleHeat ExhaustionOil Field ServicesInexperienced WorkerCrane Operator
References
23
Case No. 12-15-00004-CV
Regular Panel Decision
May 29, 2015

Ron Seale, Individually and as the Representative of the Estate of Clara Lavinia Seale v. Horace Truett Seale and Wife, Nan Seale

This case concerns an appeal from a dismissal for lack of subject matter jurisdiction regarding a dispute over 157 1/3 acres of real property in Van Zandt County. Appellant Ron Seale, individually and as the Representative of Clara Lavinia Seale's estate, sued Horace Truett Seale and Nan Seale, asserting claims related to property ownership and seeking a declaration of no right at law or equity for the appellees, or alternatively, the nature and value of their interest, and an award of rents and profits. The trial court dismissed the case, concluding that the Van Zandt County Court at Law lacked jurisdiction for a suit involving the recovery of land. The core appellate issue focuses on the statutory interpretation of the Texas Government Code concerning the jurisdiction of county courts at law in such property disputes.

Property LawReal EstateJurisdictionAppellate ProcedureTexas LawCounty Court at LawLand RecoveryDismissalStatutory InterpretationGovernment Code
References
21
Case No. 05-14-01448-CV
Regular Panel Decision
May 26, 2015

Delores Rubio, as Personal Representative of the Estate of Willie Pedro Rubio, Jr. v. Excell Electrical Contractors, Inc.

This order addresses an appeal initially dismissed due to the appellant's failure to pay for the clerk's record. Appellant Delores Rubio, representing the estate of Willie Pedro Rubio, Jr., filed a motion for reinstatement and abatement. The appellant sought to abate the appeal to allow for the resolution of a dispute concerning workers' compensation death benefits through an administrative process, involving the appellee's insurer, Service Lloyd Insurance Co. The trial court had previously granted summary judgment to Excell Electrical Contractors, Inc., concluding that the appellant, as the deceased's parent, could not recover exemplary damages for wrongful death, as workers' compensation benefits constituted her sole remedy. The Court of Appeals granted the motion, vacated its prior dismissal, and reinstated the appeal. Additionally, the court ordered the appellant to provide verification regarding the reporter's record and a status report on the administrative contested case hearing.

appellate proceduremotion for reinstatementabatementworkers' compensation benefitsexemplary damageswrongful deathclerk's recordreporter's recordsummary judgmentadministrative process
References
2
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