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

Case No. MISSING
Regular Panel Decision

Guerrero v. Standard Alloys Manufacturing Co.

Plaintiff Francisco Guerrero, an employee supplied by a contract labor provider, sustained finger injuries while operating machinery at Standard Alloys Manufacturing Company. A negligence suit resulted in a jury finding defendant negligent and awarding $125,000 in damages. The trial court entered a take-nothing judgment, which the plaintiff appealed. The appellate court focused on the defendant's failure to plead or prove worker's compensation coverage, a crucial element for a borrowed servant defense, and found the trial court's judgment should be reversed. The appellate court found no abuse of discretion in the trial court's denial of the defendant's motion to reopen evidence or the amendment of the petition. Ultimately, the trial court's judgment was reversed, and judgment was rendered for the plaintiff to recover $125,000.

NegligenceWorkers' CompensationBorrowed Servant DoctrinePersonal InjuryTexas Civil ProcedureAppellate ReviewTrial Court DiscretionJudgment ReversalDamages AwardContributory Negligence
References
20
Case No. MISSING
Regular Panel Decision

Alex Irrizarry Deleon v. New York City Sanitation Department

Plaintiff Alex Irrizarry Deleon sued New York City, its Department of Sanitation, and employee Robert R Falcaro for personal injuries after Falcaro's street sweeper collided with Deleon's vehicle. The core legal dispute involved whether an ordinary negligence standard or a reckless disregard standard applied to the sanitation worker's actions. The court clarified that the reckless disregard standard, as per Vehicle and Traffic Law § 1103 (b) and 34 RCNY 4-02 (d) (1) (iv), applied because Falcaro was engaged in highway maintenance. Despite this, the court concluded that material issues of fact remained regarding Falcaro's recklessness and Deleon's own negligence, preventing summary judgment for the defendants. Consequently, the Appellate Division's order, which denied the defendants' motion for summary judgment, was affirmed, and the certified question was answered in the affirmative.

Street Sweeper AccidentPersonal InjuryReckless Disregard StandardOrdinary Negligence StandardSummary JudgmentVehicle and Traffic LawMunicipal LiabilityRules of the City of New YorkProximate CauseContributory Negligence
References
6
Case No. MISSING
Regular Panel Decision

Barcacel v. City of Yonkers

The plaintiff, who reported feeling dizzy and nauseous, was struck by a police vehicle in Yonkers, Westchester County, on August 29, 2013, suffering a fractured right hand and other injuries. The police officer, Bracken, driving an emergency services truck during an emergency response, made a left turn into a driveway and did not see the plaintiff, only hearing screams from under the truck. Police reports attributed the crash to "human error/confusion on the part of the pedestrian" and acknowledged it was avoidable by both the pedestrian and the driver. The court analyzed whether the "reckless disregard" standard (Vehicle and Traffic Law § 1104 (e)) or "ordinary negligence" applies, concluding that ordinary negligence governs the driver's failure to observe the plaintiff. The court found that while serious injury was established due to the fracture, issues of fact remain regarding the defendants' negligence, leading to the denial of both the plaintiff's motion for summary judgment on liability and the defendants' motion for summary judgment.

Summary JudgmentNegligenceRecklessness StandardEmergency Vehicle OperationPolice MisconductPersonal InjuryFracture InjuryPedestrian AccidentVehicle and Traffic LawCPLR
References
14
Case No. MISSING
Regular Panel Decision

Standard Fire Insurance Co. v. Stigger

This worker's compensation case concerns an appeal by Standard Fire, the carrier, against a judgment rendered in favor of Stigger, the claimant, by a county court at law of Dallas County. The Industrial Accident Board initially awarded Stigger $2,377.62, but after a jury trial initiated by Standard Fire to set aside the award, the court rendered a judgment for Stigger in the amount of $34,692.21. Standard Fire appealed, arguing that the trial court exceeded its jurisdictional limits and erred in not reducing the judgment to conform to Stigger's pleadings. The appellate court affirmed the trial court's decision, holding that once jurisdiction is lawfully acquired, subsequent events do not defeat it, and a court can grant complete relief even if the judgment exceeds the initial jurisdictional limits, especially in worker's compensation cases.

Worker's CompensationJurisdiction LimitsCounty Court at LawAmount in ControversyAppellate ReviewTexas Civil StatutesJudicial EconomyPleading ConformityDisability BenefitsIndustrial Accident Board
References
10
Case No. MISSING
Regular Panel Decision
May 01, 1978

Memphis Publishing Co. v. Nichols

Ruth Ann Nichols and Bobby Lee Nichols sued Memphis Press-Scimitar for defamation and invasion of privacy after an article falsely implied Mrs. Nichols had an adulterous affair, leading to a shooting. The trial court directed a verdict for the newspaper, but the Court of Appeals reversed, applying an ordinary care standard and eliminating the need for special damages for imputed adultery. The Tennessee Supreme Court affirmed the reversal, adopting the ordinary negligence standard for private individuals in defamation cases against media defendants. It also abolished the common-law per se/per quod distinction for damages and remanded Mrs. Nichols' libel suit for a new trial, while dismissing Mr. Nichols' libel claim and both invasion of privacy actions.

DefamationLibelInvasion of PrivacyFirst AmendmentFreedom of the PressActual MaliceNegligence StandardPrivate FigurePublic FigurePresumed Damages
References
47
Case No. 55 AD3d 1050
Regular Panel Decision

Ayers v. O'Brien

Plaintiff, a Broome County Deputy Sheriff, was involved in an accident while making a U-turn to pursue a speeder, activating his emergency lights. He was struck by defendant Karin A. O’Brien's decelerating vehicle. After collecting workers' compensation, plaintiff sued O'Brien for negligence. Defendants asserted a comparative negligence defense. Plaintiff moved to dismiss this defense, arguing his conduct as an emergency vehicle operator should be subject to a "reckless disregard" standard under Vehicle and Traffic Law § 1104 (e), thereby precluding his own negligence from consideration. The Supreme Court granted plaintiff's motion. The Appellate Court reversed, holding that § 1104 (e) is a shield protecting emergency operators from civil liability to others, not a sword allowing them to avoid comparative negligence when seeking damages for their own injuries against a bystander. The court concluded such claims should be decided under ordinary comparative negligence principles, reinstating the defendants' affirmative defense.

Emergency vehiclesReckless disregard standardComparative negligenceVehicle and Traffic LawPolice officer liabilityBystander liabilityWorkers' compensationAppellate reviewStatutory interpretationTort law
References
7
Case No. 14-10-00381-CV
Regular Panel Decision
May 26, 2011

Younan Nowzaradan, M.D. v. Shirley H. Ryans

This interlocutory appeal addresses whether a gross-negligence claim in a medical malpractice suit requires a separate expert report under the Texas Medical Liability Act. Appellant Younan Nowzaradan, M.D., contended that Appellee Shirley H. Ryans's gross-negligence claim was a distinct cause of action necessitating its own expert report, which he argued was not provided. The court, however, clarified that ordinary negligence and gross negligence are not separate causes of action but are inextricably intertwined, with gross negligence representing a heightened degree of ordinary negligence. Therefore, the expert report submitted for the ordinary negligence claim was deemed sufficient to cover the gross-negligence allegations. The trial court's denial of the motion to dismiss was affirmed.

Medical MalpracticeGross NegligenceOrdinary NegligenceExpert ReportTexas Medical Liability ActInterlocutory AppealStandard of CareCausationPunitive DamagesCivil Practice and Remedies Code
References
36
Case No. 01-15-00191-CV
Regular Panel Decision
Mar 01, 2016

Kendrick Donahoe v. Danny Jones

Kendrick Donahoe appealed a take-nothing judgment against him in a negligence suit against Danny Jones. Donahoe contended the trial court erred by not instructing the jury on negligence per se and by denying his motions for a directed verdict and judgment notwithstanding the verdict (JNOV). The First District of Texas Court of Appeals affirmed the trial court's judgment. The appellate court found Donahoe failed to preserve some issues for review and, crucially, failed to file a reporter's record, which led the court to presume the omitted evidence supported the trial court's judgment. The court also clarified that Texas Transportation Code § 545.351 regarding speed incorporates an ordinary negligence standard, precluding a negligence per se instruction.

NegligenceDirected VerdictJudgment Notwithstanding the Verdict (JNOV)Jury InstructionsAppellate ProcedureSufficiency of EvidenceReporter's RecordTraffic LawsNegligence Per SeAbuse of Discretion
References
23
Case No. MISSING
Regular Panel Decision

NOWZARADAN v. Ryans

This interlocutory appeal addresses whether an expert report is required for a gross-negligence claim under the Texas Medical Liability Act. Dr. Younan Nowzaradan argued that Shirley H. Ryans's gross-negligence claim necessitated a separate expert report, treating it as a distinct cause of action from ordinary negligence. The court, however, determined that gross negligence is not a separate cause of action but rather a heightened degree of ordinary negligence, inextricably intertwined with it. Consequently, the court found that the existing expert report, sufficient for ordinary negligence, did not require a supplemental report specifically for gross negligence. Therefore, the trial court's denial of Dr. Nowzaradan's motion to dismiss was affirmed.

Gross NegligenceMedical MalpracticeExpert ReportTexas Medical Liability ActCivil Practice and Remedies CodeInterlocutory AppealStandard of CarePunitive DamagesAppellate ProcedureCause of Action
References
36
Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
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