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

Case No. 01-09-00593-CV
Regular Panel Decision
May 12, 2011

Luci Martinez, Individually and as the Personal Representative of the Estate of Luis Martinez and Jose Martinez and Maria Martinez v. Hays Construction

Appellants, the Martinez family, sued Hays Construction, Inc. for negligent hiring and vicarious liability following a fatal traffic accident involving Luis Martinez and a driver working for Hays Construction. The trial court initially granted summary judgment for Hays Construction. On appeal, the Martinez family argued that the trial court erred in its ruling. The appellate court reversed the summary judgment, concluding that genuine issues of material fact existed regarding whether Hays Construction negligently hired Delfino Bello as an independent contractor and whether Hays Construction qualifies as a 'motor carrier' and 'statutory employer' under Texas Motor Carrier Safety Regulations. The case was therefore remanded to the trial court for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorStatutory EmployerTraffic AccidentWrongful DeathRemand
References
40
Case No. MISSING
Regular Panel Decision

Martinez v. State

John Gilbert Martinez, 15 at the time of the offense, was convicted of capital murder for his role in the shooting death of Hyeon Ju Lee and the attempted murder of Jae Kyung Lee during a robbery at their Dollar Plus store. Martinez and an accomplice, Paul Vara, shot both owners and tried to open the cash register. Martinez confessed to the crime, detailing his use of Vara's gun and the shootings. On appeal, Martinez challenged several aspects, including the admission of undisclosed witnesses, the voluntariness of his confession, and the trial court's refusal to include lesser-included offense charges. The appellate court affirmed the trial court's judgment, finding no reversible error in the proceedings.

Capital murderJuvenile offenderConfession voluntarinessWitness disclosureLesser included offenseJury deadlockAllen chargeAppellate reviewDue processConfrontation Clause
References
46
Case No. 14-03-01447-CV
Regular Panel Decision
Nov 30, 2004

Maria Isabel Martinez v. Daniel Ruel Martinez

Appellant Maria Isabel Martinez appealed a default judgment entered against her and in favor of appellee Daniel Ruel Martinez. Maria argued the trial court erred by failing to set aside the default judgment under the Craddock test and that the final divorce decree violated Section 153.004 of the Texas Family Code by appointing Daniel managing conservator with exclusive authority over the children's domicile. The appellate court affirmed the trial court's decision, concluding Maria's failure to answer was due to her own neglect and indifference, thus failing the first prong of the Craddock test. Furthermore, the court found Maria waived her argument regarding Section 153.004 by not raising it in the trial court.

DivorceChild ConservatorshipDefault JudgmentCraddock TestAppellate ProcedureFamily LawTexas LawProcedural Due ProcessParental RightsAbuse of Discretion
References
11
Case No. 03-21-00182-CV; 03-21-00233-CV
Regular Panel Decision
Jul 28, 2022

in Re Pedro Martinez and Lydia Gonzalez, Individually and on Behalf of the Estate of Pedro Jovany Bruno Martinez

This case consolidates two original proceedings originating from Travis County district courts, both stemming from a workplace injury leading to the death of 20-year-old Pedro Jovany “Bruno” Martinez. Hellas Construction, Inc., sought mandamus relief to reinstate the abatement of a tort suit filed against it by the Martinez Family, disputing Bruno's employment status at the time of injury. Concurrently, the Martinez Family sought mandamus relief to dismiss its own suit for judicial review of a Texas Department of Insurance Division of Workers Compensation (DWC) order that found Bruno was a Hellas employee, arguing DWC lacked jurisdiction as no formal claim for benefits was filed. The Court of Appeals deferred to the DWC's interpretation of its exclusive jurisdiction over eligibility disputes, irrespective of an active claim. Consequently, the court granted Hellas's request to reinstate the abatement of the tort suit pending a final decision in the judicial review, and denied the Martinez Family's request for mandamus relief.

Workers' CompensationMandamus ReliefJurisdiction DisputeEmployment StatusWrongful DeathAbatement of ProceedingsJudicial ReviewAdministrative LawStatute of LimitationsTexas Court of Appeals
References
20
Case No. 01-15-00152-CV
Regular Panel Decision
Feb 10, 2015

Donald B. Mullins and Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments

Donald B. Mullins and Blue Sky Right of Way, L.L.C. (Appellants) contracted with Southern Brush S.W., Inc., and then subcontracted part of the work to Martinez R.O.W., L.L.C. (Appellee). An employee of Martinez, Bonifacio Gomez, was injured on the job and sued Mullins. Mullins filed a cross-claim against Martinez for indemnity and contribution, arguing Martinez agreed to indemnify Blue Sky and Mullins. Martinez, a workers' compensation subscriber, moved for summary judgment under Tex. Labor Code § 417.004, asserting no written agreement for liability assumption existed. The trial court granted Martinez's summary judgment and denied Mullins' subsequent motions to vacate and amend. This appeal concerns whether the district court properly granted summary judgment, given the absence of a pre-accident written agreement where Martinez assumed Mullins' liability.

Workers' CompensationIndemnityContributionSummary JudgmentTexas Labor CodeExpress Negligence RuleThird-Party LiabilityInsurance CertificateGross NegligenceEmployer Protection
References
32
Case No. MISSING
Regular Panel Decision

Martinez v. Hays Construction, Inc.

This case concerns an appeal where Luci Martinez, individually and as representative of the estate of Luis Martinez, José Martinez, and Maria Martinez, sued Hays Construction, Inc. for negligent hiring, negligence per se, and vicarious liability following a fatal traffic accident involving Delfino Bello. The accident occurred while Bello was allegedly hauling dirt for Hays Construction. The trial court initially granted summary judgment in favor of Hays Construction on all claims. On appeal, the court reversed the trial court's judgment, determining that Martinez presented sufficient evidence to raise a fact issue regarding Hays Construction's negligent hiring of Bello as an independent contractor. Furthermore, the appellate court found a fact issue existed concerning whether Hays Construction qualified as a 'motor carrier' and 'statutory employer' under the Texas Motor Carrier Safety Regulations, making it potentially vicariously liable for Bello's negligence, and thus remanded the case for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorProximate CauseEmployer LiabilityTraffic AccidentWrongful Death
References
39
Case No. MISSING
Regular Panel Decision
Jul 12, 1974

Delta Brands, Inc. v. Martinez

Juan Jose Martinez, a welder, sued his employer, Delta Brands, Inc., for negligence after sustaining an injury to his foot while working. Martinez claimed Delta failed to provide adequate equipment, furnished a defective forklift, and did not provide sufficient physical assistance. Delta Brands, Inc. did not carry workers' compensation insurance at the time of the injury. A jury found Delta negligent and awarded Martinez $5,500. On appeal, the court reviewed the evidence and concluded there was no actionable negligence on Delta's part. The judgment of the lower court was reversed, and it was rendered that Martinez take nothing.

NegligenceWorkplace injuryEmployer liabilityWorkers' compensationForklift accidentIndustrial accidentLack of evidenceJudgment reversalAppellate reviewTexas law
References
4
Case No. MISSING
Regular Panel Decision

St. Paul Guardian Insurance Co. v. Luker

Paul and Teri Luker sued St. Paul Guardian Insurance Company after their claim for lost household goods in a fire was denied under a homeowner's policy issued to Kim's father, Emmett Luker. St. Paul denied the claim, alleging arson by the Lukers and misrepresentation, despite a prior stipulation agreeing to coverage for the Lukers' personal effects. A jury awarded the Lukers contractual damages for property loss and tort damages for bad faith and mental anguish. On appeal, the court affirmed the contractual damages, finding St. Paul owed a duty of good faith and fair dealing to the Lukers as third-party beneficiaries due to the stipulation. However, the court reversed the awards for exemplary damages and bad faith tort damages, remanding the bad faith claim for a new trial, citing insufficient evidence that St. Paul acted in bad faith or with conscious indifference in denying the claim.

Insurance disputeArson defenseBad faith claimContractual damagesTort damagesThird-party beneficiaryStipulation in litigationExemplary damages reversedMental anguish claimProperty loss
References
31
Case No. MISSING
Regular Panel Decision

Martinez v. IBP, Inc.

Ramona Martinez sued her former employer, IBP, for negligence, gross negligence, and retaliatory discharge following a workplace injury. Martinez had signed an 'Acceptance and Waiver' form to participate in IBP's 'Workplace Injury Settlement Program,' relinquishing her right to sue in exchange for benefits. The trial court granted IBP's motion for summary judgment, prompting Martinez's appeal based on eight points of error, including claims that the waiver was void due to public policy or duress, and that summary judgment on certain claims was erroneous. The appellate court affirmed the summary judgment, concluding the waiver was valid for existing claims and rejecting Martinez's arguments regarding duress and the competency of her summary judgment evidence for retaliatory discharge.

NegligenceGross NegligenceRetaliatory DischargeSummary JudgmentWaiverDuressPublic PolicyWorkers' CompensationEmployment LawContract Law
References
28
Case No. 2021 NY Slip Op 03412 [195 AD3d 419]
Regular Panel Decision
Jun 01, 2021

Martinez v. 214 W. 39th St. LLC

The Appellate Division, First Department, affirmed the Supreme Court's order granting summary judgment to 214 West 39th Street LLC, dismissing Luis Martinez's complaint. The court found that Martinez was a 'special employee' of the defendant. Undisputed evidence, including Martinez's own testimony, demonstrated that the defendant's superintendent supervised and directed Martinez's work, thereby establishing the defendant's exclusive control over the plaintiff's work. Consequently, the plaintiff's complaint against the defendant is precluded by Workers' Compensation Law §§ 11 and 29 (6).

Special EmployeeSummary JudgmentWorkers' Compensation LawAppellate DivisionLabor LawEmployer ControlPersonal InjuryBronx CountyPlaintiff's TestimonyExclusive Remedy
References
2
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