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

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 The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties.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. 01-22-00313-CV
Regular Panel Decision
May 16, 2024

Team Industrial Services, Inc. v. Kelli Most, Individually and as Personal Representative of the Estate of Jesse Henson

Kelli Most, individually and as personal representative of the estate of Jesse Henson, sued Team Industrial Services, Inc. for wrongful death and survival claims after Henson died from severe burns sustained in a steam release at a Kansas power plant. Most alleged Team was negligent in servicing pressure relief valves. The jury found Team 90% negligent and Westar (Henson's employer) 10% negligent, awarding Most $222 million in damages. On appeal, Team challenged the trial court's denial of its motion to dismiss for forum non conveniens and its refusal to apply Kansas law, which has limits on non-economic damages and different joint and several liability rules. The appellate court found that Kansas law should have been applied for proportionate responsibility and wrongful death damages caps, and that the jury's non-economic damages award was excessive due to improper arguments. The court also determined that all forum non conveniens factors favored dismissal to Kansas, vacating the judgment and dismissing the case.

Wrongful DeathSurvival ActionNegligence (Corporate)Forum Non ConveniensChoice of Law (Conflicts)Damages CapsComparative NegligenceExcessive DamagesAppellate Court DecisionIndustrial Safety
References
74
Case No. 05-12-01407-CV
Regular Panel Decision
Aug 25, 2015

Christian Care Centers, Inc. v. Rebecca O'Banion and Janis L. Wood, Individually and as Personal Representatives of tEH Estate of J.D. Richmond

Christian Care Centers, Inc. (CCC) appealed the trial court's judgment in favor of Rebecca O’Banion and Janis L. Wood, as personal representatives of J.D. Richmond's estate. Richmond died after falling on a drainage grate at a CCC facility. The plaintiffs sued for negligence, alleging unsafe conditions and failure to warn. The jury found both CCC and Richmond 50% negligent and awarded damages for mental anguish and loss of companionship. The Court of Appeals affirmed the trial court’s judgment, finding sufficient evidence for the dangerous condition, foreseeability of death, and compensable mental anguish, and no abuse of discretion in submitting Richmond's negligence or denying gross negligence claims.

Premises LiabilityNegligencePersonal InjuryWrongful DeathComparative NegligenceMental Anguish DamagesForeseeabilityDrainage Grate HazardAssisted Living FacilityElderly Care
References
52
Case No. 14-18-00800-CV
Regular Panel Decision
Nov 23, 2021

Ana Lisa Mines, Personal Representative of the Estate of Jorge Luis Mines, and Old American Mutual Fire Insurance Company v. Kenon D. Murphy

This case involves an appeal from jury verdicts in favor of Kenon D. Murphy, who sustained injuries in a motor vehicle collision caused by Jorge Luis Mines. Appellants, Ana Lisa Mines, personal representative of Mines' estate, and Old American Mutual Fire Insurance Company, raised several issues, including the non-enforcement of an alleged settlement agreement, errors in jury instructions, and the sufficiency of evidence for lost wages and future medical expenses. The appellate court affirmed most aspects of the trial court's judgment but determined that the evidence supporting the award for future medical expenses was factually insufficient. Consequently, the court suggested a remittitur of $7,000, which would reduce the total damages awarded to $505,859.00. The court also upheld the trial court's decision to allow a trial amendment regarding Ana Lisa Mines's capacity as a defendant.

Motor Vehicle CollisionPersonal InjuryNegligenceGross NegligenceSettlement AgreementJury VerdictExpert Witness TestimonyMedical ExpensesLost Earning CapacityAppellate Review
References
51
Case No. 03-94-00079-CV
Regular Panel Decision
Feb 14, 1996

Owens-Corning Fiberglas Corporation v. Barbara Wasiak Tyler Turner Boulo, as Personal Representative of the Heirs and Estate of Stanley Wasiak, James Edwin Wingate, Sr. and Jean Wingate Homer Clifton Brownlee, Sr. and Alma Brownlee And Martha Barnes, Individually

Owens-Corning Fiberglas Corporation appealed a trial-court judgment awarding compensatory and punitive damages to several appellees. The appellees, including Barbara Wasiak and other individuals, suffered wrongful death, personal injury, and loss of consortium due to exposure to "Kaylo," an asbestos-containing product manufactured by Owens-Corning. The case was tried under Alabama substantive law where the asbestos exposures occurred. Owens-Corning raised eleven points of error, challenging the exclusion of testimony regarding its financial condition, arguing that repetitive punitive damage awards violated due process, and contesting certain jury instructions. The appellate court found no error in the trial court's rulings and affirmed the judgment, concluding that the punitive damages were reasonable and consistent with legal objectives.

asbestos litigationproduct liabilitypunitive damagesmass tortdue process challengeAlabama lawTexas appellate procedurejury instructionswrongful deathpersonal injury
References
59
Case No. 05-20-00644-CV
Regular Panel Decision
Jan 25, 2022

Albert G. Hill, III v. Margaret Keliher, in Her Capacity as Personal Representative and Successor Independent of the Estate of Albert G. Hill, Jr., and Carol E. Irwin, in Her Capacity

This appeal concerns Albert G. Hill, III's (Hill III) claims for malicious prosecution, conspiracy, and aiding and abetting, which were dismissed by the probate court under the Texas Citizens Participation Act (TCPA). Hill III alleged his criminal indictment for false statements on a home equity loan was influenced by his father, Albert G. Hill, Jr., and others, acting with malice and without probable cause. The Court of Appeals affirmed the dismissal, ruling that the TCPA applied to Hill III's claims. The court found Hill III failed to establish a prima facie case, specifically lacking clear and specific evidence that false information knowingly supplied by appellees was the "but for" cause of his prosecution or that appellees lacked probable cause. The dismissal of criminal charges on procedural grounds was not deemed evidence of unjustifiable prosecution or lack of probable cause.

Texas Citizens Participation ActTCPAMalicious ProsecutionCivil ConspiracyAiding and AbettingAppellate ProcedureEvidentiary RulingPrima Facie CaseProbable CauseFree Speech
References
15
Case No. 05-14-01448-CV
Regular Panel Decision
May 26, 2015

Delores Rubio, as Personal Representative of the Estate of Willie Pedro Rubio, Jr. v. Excell Electrical Contractors, Inc.

This order addresses an appeal initially dismissed due to the appellant's failure to pay for the clerk's record. Appellant Delores Rubio, representing the estate of Willie Pedro Rubio, Jr., filed a motion for reinstatement and abatement. The appellant sought to abate the appeal to allow for the resolution of a dispute concerning workers' compensation death benefits through an administrative process, involving the appellee's insurer, Service Lloyd Insurance Co. The trial court had previously granted summary judgment to Excell Electrical Contractors, Inc., concluding that the appellant, as the deceased's parent, could not recover exemplary damages for wrongful death, as workers' compensation benefits constituted her sole remedy. The Court of Appeals granted the motion, vacated its prior dismissal, and reinstated the appeal. Additionally, the court ordered the appellant to provide verification regarding the reporter's record and a status report on the administrative contested case hearing.

appellate proceduremotion for reinstatementabatementworkers' compensation benefitsexemplary damageswrongful deathclerk's recordreporter's recordsummary judgmentadministrative process
References
2
Case No. 22-0053
Regular Panel Decision
Jan 19, 2024

Hnmc, Inc. v. Francis S. Chan, Individually and as Personal Representative of the Estate of Leny Rey Chan, Jonathan Chan, and Justin Chan

This personal injury case concerns whether a property owner, HNMC, Inc., has a duty to make an adjoining public roadway safe from, or otherwise warn of, careless third-party drivers. A nurse employed by HNMC was struck and killed by a driver while crossing a public street next to the hospital. The Supreme Court of Texas held that while HNMC had a limited duty as a premises occupier based on its exercise of control over certain parts of the adjoining public right-of-way (concrete pad, driveway, signs), there was no evidence that any dangerous condition HNMC controlled in the right-of-way proximately caused the nurse’s harm. The Court emphasized that the hazard faced was an open and obvious careless driver, for which HNMC was not responsible in areas it did not control. Consequently, the Supreme Court reversed the lower court's judgment and rendered a take-nothing judgment.

Personal InjuryPremises LiabilityDuty of CarePublic Roadway SafetyThird-Party NegligenceProximate CauseNegligent UndertakingOpen and Obvious DangerProperty Owner LiabilityTexas Supreme Court
References
54
Case No. 01-14-00767-CV
Regular Panel Decision

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

This is a health care liability appeal where Shirley Lenoir and Christopher McKnight, individually and as representatives of the Estate of Shana Lenoir and Nayla McKnight, challenge the trial court's decision to grant U.T. Physicians' plea to the jurisdiction and motion to dismiss. The appellants allege that U.T. Physicians' negligence in treating Shana Lenoir’s twin pregnancy, specifically the administration of a medically unnecessary and contraindicated progesterone injection by Nurse Matthews, proximately caused her death. U.T. Physicians claimed sovereign immunity as a governmental unit. Appellants argue that U.T. Physicians is a private non-profit corporation and an independent contractor, not entitled to sovereign immunity, and that a waiver of immunity under the Texas Tort Claims Act was sufficiently pled due to the use of tangible physical property.

Sovereign ImmunityGovernmental UnitIndependent ContractorTexas Tort Claims ActHealth Care LiabilityMedical MalpracticeNegligenceProgesterone InjectionTwin PregnancyWrongful Death
References
16
Case No. 13-14-00319-CV
Regular Panel Decision
May 21, 2015

Benjamin Ebaseh-Onofa, Individually, as Personal Representative of and on Behalf of All Wrongful Death Beneficiaries of the Estate of Omonosioni Ebaseh-Onofa v. McAllen Hospitals, L. P. D/B/A Edinburg Regional Medical Center

Benjamin Ebaseh-Onofa, representing the estate of his deceased wife, Omonosioni Ebaseh-Onofa, sued McAllen Hospitals, L.P. d/b/a Edinburg Regional Medical Center for wrongful death, alleging gross negligence. Onofa, a nurse at the Hospital's Pediatric Intensive Care Unit, contracted the H1N1 virus and died in 2009. Benjamin claimed the Hospital's failure to provide N95 masks and monitor staff for respiratory illness, as per CDC guidelines, caused her infection. The trial court granted summary judgment in favor of the Hospital, concluding Benjamin failed to provide sufficient evidence of causation for a Health Care Liability Claim. The Court of Appeals affirmed this decision, ruling that Benjamin's claim was an HCLC and that he presented only speculation, not evidence, that Onofa contracted H1N1 at the Hospital, especially since the patient identified as the source tested negative for influenza.

Wrongful DeathGross NegligenceSummary JudgmentCausationHealth Care Liability ClaimMedical MalpracticeH1N1 VirusSwine FluNursing Home/Hospital NegligenceDiscovery Disputes
References
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