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

Case No. 23-0704
Regular Panel Decision
May 09, 2025

Chad Seward, Home Depot U.S.A., Inc., and Point 2 Point Global Security, Inc. v. Rogelio Santander Sr. and Julia Garcia, Individually and as Co-Administrators of the Estate of Rogelio Santander Jr., and Crystal Almeida

Justice Busby's concurring opinion addresses a case involving an off-duty police officer, Chad Seward, who was working as a private security guard for Home Depot and was allegedly negligent, leading to injuries to on-duty officers. The main Court's opinion dismissed claims against Seward due to immunity and reinstated summary judgment for Home Depot and Point 2 Point on vicarious liability claims. Justice Busby highlights that the Court's decision deliberately avoids the significant question of whether employers can be vicariously liable for the torts of off-duty police officers acting within the scope of public employment. The opinion discusses various judicial approaches to this complex issue, contrasting the 'nature of the act' and public policy approaches with the agency law framework adopted by Tennessee courts. Justice Busby concludes by joining the Court's opinion and advocating for future cases to thoroughly explore these considerations within Texas law.

Vicarious LiabilityOff-duty Police OfficerSecurity GuardGovernmental ImmunitySummary JudgmentAgency LawTexas Supreme CourtTort LawScope of EmploymentPublic Policy
References
12
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

Home Life & Accident Insurance Co. v. Phillips-Dupre Hospital

The case revolves around a venue dispute in Hockley County, Texas, under Exception 28 to Article 1995, Vernon’s Texas Civil Statutes. Phillips-Dupre Hospital (appellee) sued Home Life and Accident Insurance Company (appellant) for nonpayment of medical services provided to Mexican Nationals, who were insured under a policy issued by Home Life to Texas Producers Cooperative, Inc. The core issue was whether Phillips-Dupre Hospital qualified as a "beneficiary" under the insurance policy, which would allow the suit to be heard in Hockley County. The court analyzed the policy terms, finding that it stipulated payments for medical expenses were to be made directly to the service provider, effectively designating the hospital as a beneficiary when Mexican Nationals received treatment there. The court affirmed the trial court's judgment, overruling the appellant's point of error regarding venue.

Venue DisputeInsurance Policy InterpretationBeneficiary RightsMexican NationalsMigrant Labor AgreementTexas Civil StatutesMedical Services PaymentContract LawAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
Case No. MISSING
Regular Panel Decision

Four Points Shipping & Trading, Inc. v. Poloron Israel, L.P.

The case concerns a dispute over a canceled shipment of prefabricated housing parts. Plaintiff Four Points Shipping and Trading, Inc. sued Poloron Israel, L.P., and TMT Homes, Inc., for lost profits and out-of-pocket expenses. The core issue revolved around a contract between Four Points and Poloron, contingent on a separate manufacturing agreement becoming "effective," which the court interpreted as actual production capability, not just signing. Due to the manufacturer's financial difficulties, the parts were never produced. The court granted defendants' motion for summary judgment on the lost profits claim, citing contractual exculpatory clauses and the speculative nature of the damages. However, it denied summary judgment for both parties on the out-of-pocket expenses, allowing Four Points to pursue this claim if it can demonstrate it was misled by Poloron. The court also suggested alternative dispute resolution for the remaining issue.

Contract disputeMaritime lawNew York lawSummary judgmentLost profitsOut-of-pocket expensesBreach of contractContingent contractExculpatory clauseContract interpretation
References
39
Case No. MISSING
Regular Panel Decision

O'Keefe v. General Accident Insurance

Plaintiff Violet O'Keefe initiated an action against General Accident Insurance Company, alleging disparate treatment and retaliation based on age and sex, violating Title VII, ADEA, and New York Human Rights Law. O'Keefe claimed a discriminatory work environment and unlawful termination following her refusal of a proposed job transfer. The defendant argued O'Keefe's performance was poor and the transfer was a lateral move. The District Court denied the defendant's motion for summary judgment regarding the federal discrimination and retaliation claims, finding a genuine issue of material fact existed as to whether General Accident's reasons for termination were pretextual. However, the Court granted summary judgment for the defendant on the state law claims, declining to exercise pendent jurisdiction.

DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEARetaliationSummary JudgmentEmployment LawPretextPrima Facie Case
References
19
Case No. MISSING
Regular Panel Decision

Maidman v. Incorporated Village of Sands Point

Petitioners Mitchel Maidman and Adam Hanft challenged two resolutions by the Board of Trustees of the Incorporated Village of Sands Point, dated May 9, 2000. These resolutions amended the master plan for the Village Club at Sands Point, allowing changes to access roads following a State Environmental Quality Review Act (SEQRA) process. The Supreme Court, Nassau County, denied their petition, dismissing the proceeding. On appeal, the judgment was affirmed, with the court concluding that the Board adequately addressed environmental concerns and did not improperly segment the SEQRA review. The court found that the Board properly identified relevant areas of environmental concern regarding traffic conditions and provided a reasoned elaboration for its determination.

CPLR Article 78SEQRAEnvironmental ReviewMaster Plan AmendmentVillage Club at Sands PointTraffic CirculationIngress and EgressSegmentationJudicial ReviewNassau County
References
6
Case No. 13-21-00361-CV
Regular Panel Decision
Oct 12, 2023

Accident Fund General Insurance Company v. Rodrigo Mendiola

Rodrigo Mendiola, a truck driver, suffered severe burns in an accident, leading to an above-the-knee amputation and significant injury to his left hand. His employer's workers' compensation insurer, Accident Fund General Insurance Company, disputed his claim for lifetime income benefits based on the total loss of use of his left hand. The trial court, applying the Travelers Insurance Co. v. Seabolt standard, found sufficient evidence that Mendiola's hand lacked substantial utility, entitling him to benefits. The Court of Appeals affirmed the trial court's judgment, upholding the application of the Seabolt standard and concluding the evidence factually supported the finding of total loss of use.

Workers' CompensationLifetime Income BenefitsTotal Loss of UseBurn InjuriesHand InjuryAmputationMedical EvidenceFactual SufficiencyAppellate ReviewStare Decisis
References
29
Case No. MISSING
Regular Panel Decision

Ortiz v. Five Points Correctional Facility

Claimant, a keyboard specialist at Five Points Correctional Facility, filed for workers' compensation benefits after experiencing emotional distress during a six-hour interview regarding a complaint against her fiancé. A Workers’ Compensation Law Judge initially found a compensable work-related accident. However, the State Insurance Fund appealed, and the Workers’ Compensation Board reversed, determining that the claimant did not suffer stressors greater than those routinely occurring in the normal work environment and that the interview did not constitute a compensable accident. The Appellate Court affirmed the Board's decision, citing that the Board was not bound by the WCLJ's credibility determinations and had substantial evidence to support its findings.

Workers' CompensationEmotional DistressWorkplace InterviewStress-Related InjuryCredibility FindingsBoard ReversalAppellate AffirmationState Insurance FundCorrectional Facility EmploymentBenefit Denial
References
1
Case No. 05-22-00493-CV
Regular Panel Decision
Jun 13, 2023

Pioneer Emerald Pointe, LLC v. Texmenian Contractors, LLC D/B/A Red Carpet Cleaning and Merge Management, LLC D/B/A Emerald Point Apartments

This case involves a dispute between Pioneer Emerald Pointe, LLC, an apartment complex owner, and Texmenian Contractors, LLC d/b/a Red Carpet Cleaning, a service provider, over make-ready services. Pioneer challenged the validity of 46 invoices and a mechanic's lien filed by Red Carpet. The trial court ruled in favor of Red Carpet, awarding damages, lien foreclosure, and attorney's fees. On appeal, the Fifth District of Texas at Dallas affirmed the trial court's judgment regarding the validity of the debt for services rendered, the breach of contract/sworn account claim, and the foreclosure of the mechanic's lien, finding sufficient evidence of performance and substantial compliance with lien perfection requirements. However, the appellate court reversed and remanded the award of attorney's fees, ruling that Red Carpet failed to segregate recoverable fees from unrecoverable ones and that the evidence for contingent appellate attorney's fees was insufficient.

Contract DisputeSworn Account ClaimBreach of ContractMechanic's LienLien ForeclosureAttorney's FeesAppellate ReviewSufficiency of EvidenceStatutory InterpretationLimited Liability Company
References
63
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