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

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
Case No. 14-08-00493-CV
Regular Panel Decision
Jun 21, 2009

BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District

This appeal concerns a lawsuit where a former property owner initiated judicial review of an ad valorem tax valuation protest by the county appraisal district. A subsequent property purchaser was later included as a plaintiff. The appraisal district challenged the plaintiffs' standing through a plea to the jurisdiction, leading the trial court to dismiss the suit. The appellate court affirmed this dismissal, concluding that neither the initial property owner (BACM 2002 PB2 Westpark Dr. LP) nor the subsequent owner (Houston Parkwest Place Ltd.) possessed the requisite standing to pursue judicial review. Consequently, the trial court was found to lack subject-matter jurisdiction over the dispute.

Property TaxAd Valorem TaxJudicial ReviewStanding DoctrineSubject-Matter JurisdictionPlea to the JurisdictionTexas Tax CodeTexas Rule of Civil Procedure 28Appellate ProcedureProperty Ownership
References
30
Case No. MISSING
Regular Panel Decision

Livery Owners Coalition v. State Insurance Fund

This case addresses the constitutionality of a Workers’ Compensation Law amendment defining livery car base owners as employers of independent owner-operators for workers' compensation purposes. The Livery Owners Coalition sought an injunction against the State Insurance Fund and Workers’ Compensation Board to prevent enforcement of this statute, while the defendants sought dismissal and a declaration of the statute's constitutionality. The court, deferring to the agencies' interpretation, found their stance reasonable in expanding workers' compensation coverage and ensuring operator protection. It also determined that the statute and its application have a rational basis and do not violate equal protection. Consequently, the plaintiffs' motion for an injunction was denied, and the defendants' application to dismiss the complaint and declare the statute constitutional was granted.

ConstitutionalityWorkers' Compensation LawLivery IndustryIndependent ContractorsEmployer DefinitionStatutory InterpretationEqual ProtectionInjunctionRational Basis ReviewState Agencies
References
7
Case No. MISSING
Regular Panel Decision
Jul 08, 1999

Nevins v. Essex Owners Corp.

Plaintiff, an employee of Accell Elevator Operations, Inc., was severely injured while modernizing elevators at premises owned by defendant Essex Owners Corp. The injury occurred when a 'run station' device, used to test the elevator, malfunctioned, causing the elevator cab to descend unexpectedly. Plaintiff subsequently filed an action against Essex, alleging negligence under Labor Law § 200 and violations of Labor Law § 241 (6). The Supreme Court initially denied Essex's cross motions for summary judgment regarding these claims. However, the appellate court reversed this decision, dismissing the Labor Law §§ 200 and 241 (6) claims, ruling that Essex did not exercise supervisory control over the work and that the cited industrial code provisions regarding planking and falling objects were inapplicable.

Labor LawSummary JudgmentElevator AccidentConstruction Site SafetySafe Work SiteNegligenceSupervisory ControlThird-Party ActionPremises LiabilityAppellate Review
References
17
Case No. 2021 NY Slip Op 05844 [198 AD3d 591]
Regular Panel Decision
Oct 26, 2021

Morley v. BPP St Owner, LLC

This case involves an appeal concerning a seven-year-old child, JM, who sustained a thumb injury at an ice skating rink due to an alleged defect in the dasher boards. The child's parent, Risa Morley, filed a negligence action against BPP St Owner, LLC and IRE Crown Rinks, LLC, alleging negligent ownership, operation, and control of the rink, including negligent supervision and maintenance, and sought damages for post-traumatic stress syndrome (PTSD). The Supreme Court initially granted the defendants' motion for summary judgment, dismissing the complaint in its entirety. On appeal, the Appellate Division, First Department, modified the order, reinstating the claims for negligent assembly and maintenance of the dasher boards and the derivative loss of society. However, the appellate court affirmed the dismissal of the negligent supervision and PTSD claims, finding insufficient evidence to raise an issue of fact.

NegligenceIce Skating RinkDasher BoardsSummary JudgmentPremises LiabilityPersonal InjuryPTSDNegligent MaintenanceAppellate ReviewChild Injury
References
3
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. 04-14-00097-CV
Regular Panel Decision
Dec 17, 2014

Luis Alfredo Rosa and Myrna Lizzet Rosa v. Mestena Operating, LLC

The Appellants, Luis Alfredo Rosa and Myrna Lizzet Rosa, seek en banc reconsideration of a prior panel's decision that affirmed a summary judgment in favor of Mestena Operating, LLC. Luis Alfredo Rosa sustained an electrocution injury while repairing an AEP electrical pole on a third party's property, allegedly due to a malfunctioning lightning arrester on Mestena's adjacent mineral lease property. The panel previously applied Chapter 95 of the Texas Civil Practice & Remedies Code, which limits a property owner's liability to independent contractors, finding that the Rosas failed to demonstrate Mestena exercised control over the work or had actual knowledge of the dangerous condition. The Rosas argue that Chapter 95 should not apply because Mestena lacked a direct contractual relationship with Rosa's employer, the work was performed on another's property, and the panel's interpretation imposes an impossible burden while conflicting with established statutory construction rules and other appellate decisions.

Premises LiabilityStatutory ConstructionTexas Civil Practice and Remedies Code Chapter 95Independent Contractor LiabilityProperty Owner LiabilityEn Banc ReconsiderationAppellate ProcedureActual KnowledgeControl over WorkContractual Relationship
References
35
Case No. 2025 NYSlipOp 07295
Regular Panel Decision
Dec 24, 2025

Morales v. 88th Ave. Owner, LLC

The plaintiff, Elihu Romero Morales, was injured at a construction site in Queens when struck in the eye by a spark from ironwork. He sued 88th Avenue Owner, LLC, and NY Developers & Managers, Inc., alleging violations of Labor Law §§ 240(1) and 241(6). The defendants then initiated a second third-party action against subcontractors Feinstein Iron Works, Inc., and Construction Realty Safety Group, Inc., for contribution and indemnification. The Supreme Court initially granted the plaintiff's motion for summary judgment on liability and dismissed the second third-party complaint with prejudice. The Appellate Division, Second Department, modified this order, denying the plaintiff's summary judgment motion, awarding summary judgment to the defendants on the Labor Law claims, and directing the dismissal of the second third-party complaint without prejudice due to a four-year delay in its commencement. The Court found Labor Law § 240(1) inapplicable as sparks are not objects requiring securing for elevation-related hazards, and 12 NYCRR 23-1.8(a) inapplicable as the plaintiff was not directly engaged in the eye-endangering operation.

Construction AccidentLabor LawSummary JudgmentElevation-Related HazardThird-Party ActionDismissal Without PrejudiceSparksEye InjurySubcontractor LiabilityOwner Liability
References
22
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. 01-04-00077-CV
Regular Panel Decision

Devon SFS Operating , Inc., and IMC Global, Inc. v. First Seismic Corporation, a Delaware Corporation

This declaratory judgment case involved competing interpretations of an indemnity provision in a contract concerning seismic data ownership. Appellants Devon SFS Operating, Inc. and IMC Global, Inc. challenged a trial court ruling that favored Appellee First Seismic Corporation on its indemnity claim and awarded attorney's fees. The dispute centered on whether the indemnity clause covered claims by minority owners. The Court of Appeals affirmed the trial court's judgment, upholding the interpretation of the indemnity provision and the award of attorney's fees and costs.

Indemnity AgreementContract InterpretationAttorney's FeesDeclaratory JudgmentSeismic DataSuccessor-in-interestJoint VentureAppellate ReviewLegal SufficiencyFactual Sufficiency
References
35
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