CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
Case No. 03-19-00063-CV
Regular Panel Decision
Mar 18, 2020

Mary Catherine Person v. Martha Pyron

This case concerns a property dispute between next-door neighbors, Mary Catherine Person and Martha Pyron, over a strip of land and the placement of a fence. Person claimed adverse possession of the land and sought an injunction to remove Pyron's fence. Pyron counterclaimed for trespass, seeking declaratory and injunctive relief regarding the property boundary. The dispute originated from the successive erection of three fences, with previous owners of Pyron's lot allowing Person's use of the disputed strip. The district court granted Pyron's motion for summary judgment, denied Person's, and established the property line based on a 2018 survey, ordering Person to remove encroachments. The Third District Court of Appeals affirmed the lower court's decision, ruling that Person failed to prove continuous hostile adverse possession for the statutory ten-year period, as her initial use was permissive and did not become adverse until 2016 or 2017.

Adverse PossessionProperty DisputeBoundary LineSummary JudgmentTrespassInjunctive ReliefReal PropertyFence DisputeTexas LawAppellate Review
References
5
Case No. 23-0679
Regular Panel Decision
Sep 19, 2025

Fort Bend Independent School District v. Ken Paxton, Attorney General of the State of Texas

This case addresses the balance between public access to government information and the privacy rights of government employees, specifically concerning information stored on their private cell phones used for official business. Fort Bend Independent School District sought a ruling on the disclosure of phone records under the Texas Public Information Act, arguing for privacy protections. The Attorney General's office ruled that business-related information is subject to the Act, and the court of appeals affirmed. Justice Young concurred in denying the motion for rehearing, emphasizing that the request and ruling already account for redaction of personal and confidential information, thus mitigating immediate privacy threats in this specific instance. The opinion also questions the practice of requiring employees to use personal devices for official business without providing adequate equipment.

Public Information ActGovernment TransparencyEmployee PrivacyCell Phone RecordsFourth AmendmentTexas ConstitutionMotion for RehearingConcurring OpinionGovernment EmployeesPersonal Devices
References
11
Case No. MDL No. 1421
Regular Panel Decision

Zurich American Insurance Co. v. Nokia, Inc.

Justice Hecht's dissenting opinion argues against the majority's application of the eight-corners rule in cellphone radiation class actions. He contends that while plaintiffs allege "biological injury," they meticulously avoid claiming actual "bodily injury" damages to facilitate class certification. Hecht asserts that the claimed damages, primarily for headsets, are not "because of bodily injury" and that class members are not required to have used phones or suffered personal injury. He highlights class counsel's explicit disclaimers of individual injury claims, concluding that insurers should not be compelled to defend these claims as they do not actually or potentially involve damages due to bodily injury.

class actioninsurance coverageduty to defendbodily injurybiological injurycellphone radiationpleading standardscausationdamageseight-corners rule
References
10
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. MISSING
Regular Panel Decision
May 27, 1969

Jones v. Radio City Music Hall Corp.

This case concerns an appeal from a judgment in a personal injury action. The plaintiff, an employee of A. G. Frichey Corp., fell from water piping installed by the defendant-appellant in a cooling tower. The piping was not intended to support the weight of workers, but the plaintiff used it for that purpose, leading to his fall. The court reversed the judgment against the defendant-appellant, dismissing the complaint. The majority held that the defendant-appellant had no duty to provide a safe place to work for the plaintiff under these circumstances, as the plaintiff used the instrumentality for a purpose for which it was not intended, thus assuming the risk. A dissenting opinion argued that the issue of custom and usage in the trade, regarding the foreseeability of such use, should have been a jury determination.

Personal InjuryUnintended UseAssumption of RiskDuty to Provide Safe Place to WorkConstruction AccidentAppellate ReviewJury VerdictNegligenceForeseeabilityCustom and Usage
References
12
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision

Testerman v. Zielinski

The case involves three consolidated appeals stemming from a personal injury action and a wrongful death action after a pickup truck collided with another vehicle. Robert C. Testerman, a passenger in the pickup truck, commenced a personal injury action. Daniel D. Bigelow initiated a wrongful death action as executor of the estates of Tenny Bigelow and Douglas L. Bigelow, the occupants of the other vehicle. The collision occurred when Rachel L. Zielinski, operating a pickup owned by her employer Pisa Electrical Construction & Manufacturing, Inc., drove through a stop sign. In Appeal No. 2, the court affirmed the dismissal of Testerman's personal injury claim against Pisa, citing Workers' Compensation Law's exclusive remedy provision. However, in Appeal No. 1, the court reversed the summary judgment dismissing Testerman's claim against Daniel Bigelow, finding insufficient evidence that Tenny Bigelow used reasonable care. Similarly, in Appeal No. 3, the court reversed the partial summary judgment on liability granted to Daniel Bigelow in the wrongful death action, for the same reasons as Appeal No. 1.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawVehicle and Traffic LawAutomobile AccidentExclusive RemedyEmployer LiabilityVicarious LiabilityAppellate Review
References
7
Case No. MISSING
Regular Panel Decision

Mancuso v. Collins

Plaintiff appealed an order from the Supreme Court, Monroe County, which had granted summary judgment to defendants John A. Camille, Todd M. Collins, Sharon R. Collins, and a fourth-party defendant in a multi-vehicle personal injury action, thereby dismissing the plaintiff's second amended complaint. The appellate court found that the defendants failed to meet their initial burden to establish that the plaintiff did not sustain a serious injury under the permanent consequential limitation of use and significant limitation of use categories of Insurance Law § 5102 [d]. The defendants' own medical submissions indicated serious injuries with objective evidence. Although the defendants met their burden regarding the 90/180 category, the plaintiff successfully raised a factual issue. Consequently, the appellate order unanimously reversed the lower court's decision, denying all motions and cross-motions, and reinstated the second amended complaint.

Personal InjuryMulti-Vehicle AccidentSummary JudgmentSerious Injury ThresholdInsurance Law 5102(d)Appellate ReversalMedical EvidenceRange of MotionObjective EvidenceSpinal Injury
References
3
Case No. 03-17-00534-CV
Regular Panel Decision
Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

This is an appeal from a summary judgment in a personal injury car-crash case involving an incapacitated person, Douglas Lee Stroup (Appellant). Appellant sued Penny Harrington Taylor for negligence and MRM Management, Inc. (Appellee) for vicarious liability, alleging Taylor, a licensed real estate salesperson, was acting for MRM. Appellee's motion for summary judgment was granted, asserting Taylor was an independent contractor, thus negating vicarious liability. Appellant argues that the independent contractor agreement is void under the Texas Occupation Code, which assigns liability to brokers for their salespersons' tortious conduct. Furthermore, Appellant contends that MRM should be estopped from relying on the agreement, and that factual disputes exist regarding Taylor's employment status, joint-enterprise liability, and statutory vicarious liability under the Texas Occupations Code. Appellant seeks to reverse the trial court's order granting summary judgment, arguing sufficient evidence was presented to raise genuine issues of material fact for trial.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal
References
22
Case No. MISSING
Regular Panel Decision

McLaughlin v. Midrox Insurance

This case involves an appeal concerning an insurance coverage dispute. Plaintiffs sought to compel Midrox Insurance Company to indemnify the Blodgett Brothers Partnerships for a $1 million judgment in an underlying personal injury action. The accident involved a motorcycle operated by plaintiff Charles R. McLaughlin and a pickup truck driven by Ronald Blodgett. Midrox had disclaimed coverage, arguing the accident occurred off insured premises and involved a registered vehicle. The court affirmed the lower court's decision, ruling that the farmowner's policy did provide coverage. The court determined that public roadways used for transporting materials between farm parcels could be considered 'insured premises' and that the pickup truck's agricultural registration did not negate coverage given its exclusive use for farming purposes.

Personal InjuryFarmowner's InsuranceInsurance CoverageAgricultural TruckPolicy InterpretationOff-Premises AccidentPublic RoadwaysSummary JudgmentIndemnificationVehicle and Traffic Law
References
5
Showing 1-10 of 6,522 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational