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

Case No. ADJ11562102
Regular
Jan 17, 2023

KUANE WASHINGTON vs. SANTA CLARA VTA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an administrative law judge's decision. The applicant claimed an industrial injury due to an acquired odor disorder while employed as a bus operator. The Board found that the applicant failed to disclose critical evidence, such as an emergency room report, during pretrial proceedings. Furthermore, the Board relied on the opinion of Qualified Medical Evaluator Dr. Yip, deeming it substantial evidence, which concluded the applicant's condition was not industrially caused, supported by the applicant's own testimony of not smelling odors on the bus.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryAcquired Odor DisorderBus OperatorCarbon MonoxideEmergency Room ReportPretrial Conference StatementEvidentiary RecordQualified Medical Evaluator
References
5
Case No. 06-02-00202-CR
Regular Panel Decision
Sep 19, 2003

Jessie Lane Hitchcock v. State

Jessie Lane Hitchcock appealed the denial of his motion to suppress evidence, arguing that law enforcement officials violated his constitutional and statutory rights against unreasonable search and seizure. Officers detected marihuana smoke and odor from a parked car, leading to a pat-down search of Hitchcock after one occupant fled. During the search, officers found a rock-like substance believed to be crack cocaine in Hitchcock's pocket. The court considered whether the search was justified under exceptions to the Fourth Amendment, specifically examining initial detention, Terry search, plain feel exception, inevitable discovery, and exigent circumstances. The Court of Appeals affirmed the trial court's judgment, finding that the strong odor of marihuana provided probable cause for the search of Hitchcock's person.

Search and SeizureFourth AmendmentTexas ConstitutionMotion to SuppressProbable CauseWarrantless SearchExigent CircumstancesInvestigative DetentionTerry StopPlain Feel Exception
References
71
Case No. MISSING
Regular Panel Decision

United East & West Oil Co. v. Dyer

E. A. Dyer, an employee of United East & West Oil Company, sued for personal injuries sustained in a gas explosion at a lease-house where he lived and worked. Dyer claimed the explosion was due to the defendant's negligence in providing fluctuating gas pressure and failing to equip the gas line with a proper odorizing device. The defendant contended that Dyer was intoxicated, not in the course of his employment, and that a landlord-tenant relationship existed regarding the house, thus negating their duty to provide a safe environment. The jury found that Dyer was acting in the course of his employment, that the defendant's negligence regarding fluctuating gas pressure and the lack of a distinctive odor in the gas supply were proximate causes of the injuries, and that the defendant was not a subscriber under the Workmen’s Compensation Act covering Dyer. The judgment for Dyer was affirmed on appeal.

Gas ExplosionWorkplace InjuryNegligenceSafe Place to WorkEmployer LiabilityLandlord-Tenant RelationshipProximate CauseJury FindingsWorker's Compensation Non-SubscriberGas Pressure Fluctuation
References
6
Case No. No. M21-88, MDL 1358
Regular Panel Decision

United Water New York, Inc. v. Amerada Hess Corp.

This consolidated multi-district litigation (MDL) involves plaintiffs seeking relief from groundwater contamination caused by defendants' use of the gasoline additive MTBE and/or its degradation product TBA. Defendants moved for summary judgment, arguing that plaintiffs lacked Article III standing because the alleged MTBE contamination was below the Maximum Contaminant Levels (MCL) and thus did not constitute a cognizable 'injury-in-fact.' Plaintiffs, including New York water purveyors and the Orange County Water District, countered that their statutory duties require them to address contamination even below MCLs, incurring costs for monitoring, testing, and treatment, and facing taste and odor issues. The court concluded that MCLs serve as a guidepost but do not definitively limit what constitutes a legally cognizable injury, noting that plaintiffs have duties to act before contamination reaches MCLs. Furthermore, the court found factual disputes regarding specific alleged injuries (e.g., taste/odor complaints, increased treatment costs, well shutdowns) to be premature for summary judgment. Therefore, defendants' motions for summary judgment were denied.

Multi-district litigationGroundwater contaminationMTBETBASummary judgmentArticle III StandingInjury-in-factMaximum Contaminant LevelWater quality standardsEnvironmental law
References
51
Case No. MISSING
Regular Panel Decision
May 13, 2003

Cabrera v. Picker International, Inc.

The Supreme Court, Bronx County, affirmed an order dated May 13, 2003, which denied the defendant-appellant's motion for summary judgment. The defendant had sought dismissal of the complaint, arguing that the plaintiff's claim was barred by CPLR 214-c (2) due to the Statute of Limitations and that the defendant owed no duty of care. The court found that the plaintiff's early symptoms were too isolated to trigger the Statute of Limitations before September 1992. Furthermore, the court determined there was sufficient evidence to suggest the defendant may have assumed a duty of care, based on reports of chemical spills and fumes during its equipment servicing, and the plaintiff's continuous complaints regarding the chemical odors.

Summary JudgmentStatute of LimitationsCPLR 214-c (2)Duty of CareChemical ExposureChronic Obstructive Pulmonary DiseaseWorkers' Compensation ClaimDetrimental RelianceAssumed DutyToxic Tort
References
6
Case No. MISSING
Regular Panel Decision

In re David II.

Family Court in Columbia County found mother Tracy II. and grandmother Carol II. neglected David II. The neglect findings stemmed from the mother's failure to address the child's severe poor hygiene and foul odor, and both respondents' conduct during a school meeting where the grandmother confronted and physically accosted the child, with the mother failing to intervene. The child was placed in foster care. On appeal, the order was modified: the appellate court affirmed the neglect finding against the mother regarding hygiene issues, citing ample evidence. However, the court reversed and dismissed the neglect finding against the grandmother, deeming her conduct at the school meeting not to rise to the level of neglect.

Child NeglectParental ResponsibilityChild HygieneFoster CareFamily Court ActAppellate DecisionColumbia CountyMinimum Degree of CareChild ImpairmentInappropriate Parental Conduct
References
5
Case No. 10-19-00278-CV
Regular Panel Decision
Oct 06, 2021

City of Robinson, a Municipal Corporation v. Alton Jay Leuschner and Nina June Leuschner

The City of Robinson appealed the trial court's denial of its plea to the jurisdiction in a lawsuit filed by Alton and Nina Leuschner. The Leuschners alleged a constitutional taking, permanent nuisance, and nuisance per se due to foul odors from a sewer lift station constructed by the City near their home. The City argued governmental immunity and that its actions were not intentional for a takings claim. The appellate court reviewed the ruling de novo, focusing on whether the Leuschners presented evidence that the City acted intentionally with knowledge of the harm before construction. Finding no such evidence, the court reversed the trial court's decision, dismissing the Leuschners' nuisance and constitutional takings claims with prejudice.

Governmental ImmunitySovereign ImmunityPlea to the JurisdictionInverse CondemnationConstitutional TakingsNuisance ClaimsSewer SystemOdor NuisanceIntentional ActJurisdictional Facts
References
30
Case No. MISSING
Regular Panel Decision

Collins v. Texas Natural Resource Conservation Commission

Robert Collins, an organic farmer, sought judicial review after the Texas Natural Resource Conservation Commission (TNRCC) denied his request for a contested case hearing. Collins opposed a permit application from B&N Poultry (later Cal Maine Partnership) to switch to a wet waste-management system, citing concerns about odors and groundwater contamination. The Commission found Collins was not an "affected person" and his request lacked merit. The district court affirmed this decision. The appellate court further affirmed, finding substantial evidence supported the Commission's decision and that Collins received due process, also noting his failure to preserve a complaint regarding findings and conclusions.

Environmental LawAdministrative LawJudicial ReviewPermit DenialWaste ManagementPoultry FarmGroundwater ContaminationOdor NuisanceDue ProcessSubstantial Evidence
References
9
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. MISSING
Regular Panel Decision

Farrah v. Brooklyn Union Gas Co.

The plaintiff, an employee of A & M Woodworking, Inc., sustained personal injuries from a fire while using highly flammable contact cement in an apartment in Brooklyn. This incident occurred after a service representative from Brooklyn Union Gas Company had inspected the same kitchen area due to a gas odor complaint. The plaintiff alleged the defendant was negligent in igniting and leaving on the gas pilot light of the stove, which caused the fire. The defendant moved for summary judgment, contending the plaintiff's and a co-worker's negligence was the sole cause. The Supreme Court denied this motion, but on appeal, the order was reversed, the defendant's motion for summary judgment was granted, and the complaint was dismissed, as no triable issues of fact existed regarding the defendant's negligence as a proximate cause of the accident.

Personal InjurySummary JudgmentNegligenceFlammable MaterialsGas CompanyProximate CauseAppellate ProcedureWorkplace AccidentPremises LiabilityFire Incident
References
0
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