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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Losier v. Ravi

Orville and Joelle Losier appealed a jury verdict favoring Dr. Shivarajpur K. Ravi and Ambika Medical Group, P.A., in their medical malpractice claim. Mr. Losier underwent an IDET procedure where a catheter tip broke off and was left in his disc. The Losiers sued for negligence and asserted res ipsa loquitur. The trial court denied a res ipsa loquitur jury instruction and a motion for new trial based on alleged juror misconduct. The appellate court affirmed the trial court's judgment, concluding that res ipsa loquitur did not apply as the procedure was not within the common knowledge of laypersons and no probable injury from juror misconduct was shown.

Medical MalpracticeNegligenceRes Ipsa LoquiturIDET ProcedureCatheter BreakageJuror MisconductJury InstructionAppellate ReviewSpine SurgeryPain Management

References

Case No. MISSING

Regular Panel Decision

Sep 05, 2003

Di Roma v. Mutual of America Life Insurance

This case involves a plaintiff suing Mutual of America Life Insurance Company, Inc., and its general contractor, Turner Construction Company, for damages sustained during building renovations. A wall collapsed from Mutual's building onto the plaintiff's adjacent property, causing damage to the roof. The defendants failed to implement required protective measures, and subsequent work further exacerbated the damage. The trial court initially refused to instruct the jury on res ipsa loquitur, leading to a verdict in favor of the defendants. The appellate court reversed this decision, finding that the elements for a res ipsa loquitur charge were met, and remanded the case for a new trial.

Res ipsa loquiturNegligenceBuilding collapseConstruction damageProperty damageTrial court errorAppellate reviewJury chargeExclusive controlRemand

References

Case No. MISSING

Regular Panel Decision

Apr 04, 1985

Ebanks v. New York City Transit Authority

This dissenting opinion concerns a case where the plaintiff was injured on an escalator due to a gap. The trial court's application of the res ipsa loquitur doctrine was deemed erroneous because the evidence did not exclusively point to the defendant's negligence, with potential alternative causes including plaintiff's own actions or vandalism. The dissent reiterates the strict requirements for invoking res ipsa loquitur, emphasizing the need to eliminate other reasonable explanations for the injury. It further notes a judicial error in allowing medical testimony based on a radiologist's report without admitting the X-rays into evidence. The case was ultimately modified and affirmed, but remanded for a new trial solely on the quantum of damages.

Res ipsa loquiturNegligenceEscalator accidentJury instructionsExclusive controlContributory negligenceMedical testimonyX-ray evidenceAppellate reviewProximate cause

References

Case No. MISSING

Regular Panel Decision

Marathon Oil Co. v. Sterner

James E. Sterner, an independent contractor's employee, was awarded $25,000 for personal injuries sustained on Marathon Oil Company's premises due to gas exposure. Marathon appealed the judgment, arguing a lack of evidence for negligence and improper jury instruction on res ipsa loquitur. The jury found Marathon negligent and its negligence proximately caused Sterner's injuries. The appellate court affirmed the trial court's decision, holding that the jury was entitled to conclude negligence based on the res ipsa loquitur doctrine, as the accident would not ordinarily happen absent negligence and the instrumentality was under Marathon's control. The court found sufficient evidence to support the jury's findings.

Personal InjuryNegligenceRes Ipsa LoquiturAppellate LawJury VerdictProximate CausePremises LiabilityIndependent Contractor LiabilityWorkplace AccidentGas Exposure Injury

References

Case No. 13-99-292-CV

Regular Panel Decision

Apr 13, 2000

De La Garza, Martin v. James C. Thomas, Inc., D/B/A James Thomas Exxon

Appellant, an employee of appellee James C. Thomas, Inc., suffered a knee injury while attempting to air a customer's tire when a part of the air hose blew off. After treatment and surgery, appellant was fired for failing to report to work. Appellee, a nonsubscriber to the Texas Workers Compensation Fund, was sued for common law negligence. The trial court granted summary judgment for the appellee, finding no evidence of negligence or duty owed. Appellant argued the doctrine of res ipsa loquitur should apply, even though it was not formally pleaded initially. The Court of Appeals reversed the summary judgment, holding that res ipsa loquitur could apply to the case and that summary judgment was not proper under all the facts.

NegligenceSummary JudgmentRes Ipsa LoquiturCommon LawAppellate ReviewWorkers Compensation NonsubscriberEmployer LiabilityPremises LiabilityTexas LawPersonal Injury

References

Case No. 2021 NY Slip Op 02902 [194 AD3d 1375]

Regular Panel Decision

May 07, 2021

Abdelall v. Niagara Frontier Tr. Metro Sys., Inc.

Habiba Abdelall, the plaintiff-respondent, sustained injuries after being struck by an open panel on a bus operated by Niagara Frontier Transit Metro System, Inc., the defendant-appellant. A jury verdict found the defendants liable, a decision affirmed by the Supreme Court, Erie County. Defendants appealed, arguing against the admissibility of plaintiff's expert testimony, the application of res ipsa loquitur, and the court's refusal to charge the emergency doctrine. They also challenged the denial of their motion for a directed verdict and jury instructions. The Appellate Division, Fourth Department, affirmed the judgment, finding no errors in the lower court's rulings concerning expert testimony, res ipsa loquitur, or the emergency doctrine, and upheld the jury's verdict.

Jury VerdictExpert TestimonyRes Ipsa LoquiturExclusive ControlEmergency DoctrineDirected VerdictJury InstructionsAppellate ReviewPersonal InjuryBus Accident

References

Case No. MISSING

Regular Panel Decision

May 13, 2013

Claypoole v. Twin City Ambulance Corp.

Plaintiffs, including Christina Claypoole, initiated a personal injury action against an unnamed defendant, alleging negligence during Claypoole's ambulance transport which led to a hip fracture. The defendant sought summary judgment to dismiss the complaint, asserting a lack of negligence and evidence of injury under their care. The Supreme Court denied this motion, prompting the defendant's appeal. The appellate court affirmed the lower court's decision, concluding that the doctrine of res ipsa loquitur was applicable based on the defendant's own submissions, thereby establishing triable issues of fact concerning negligence. The evidence indicated that Claypoole, while unconscious and in the exclusive custody of the defendant, sustained a hip fracture, and experienced pain only after being in the ambulance, reinforcing the applicability of res ipsa loquitur.

Personal InjuryNegligenceRes Ipsa LoquiturSummary JudgmentAmbulance TransportHip FractureAppellate ReviewExclusive ControlTriable Issues of FactProximate Cause

References

Case No. MISSING

Regular Panel Decision

Texas Pipe Bending Co. v. Gibbs

Anson Gibbs suffered personal injuries after falling from a truck at Texas Pipe Bending Company. Employers Mutual Liability Insurance Company of Wisconsin intervened to recover Worker's Compensation benefits. A jury found Texas Pipe Bending Company negligent, resulting in a judgment for Gibbs and the insurer. On appeal, Texas Pipe Bending Company challenged the admission of hearsay testimony, a res ipsa loquitur instruction, and the sufficiency of evidence. The court of appeals affirmed the judgment, finding the hearsay admissible, the res ipsa loquitur instruction proper given the pleadings and facts, and sufficient evidence to support the jury's finding of negligence, while also finding insufficient evidence to raise an issue of Gibbs's failure to keep a proper lookout.

NegligencePersonal InjuryRes Ipsa LoquiturHearsay EvidenceAgencySufficiency of EvidenceAppellate ProcedureJury InstructionPremises LiabilityTruck Accident

References

Case No. 14-08-00399-CV

Regular Panel Decision

Sep 10, 2009

Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A.

Appellants Orville and Joelle Losier appealed a unanimous jury verdict in favor of appellees Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A., in a medical malpractice case. The Losiers claimed the trial court erred by refusing a res ipsa loquitur jury instruction and by denying a motion for new trial based on juror misconduct. The appellate court affirmed the trial court's judgment, concluding that res ipsa loquitur did not apply as the IDET procedure and catheter retention were not matters of common lay knowledge requiring expert testimony. Additionally, the court found insufficient evidence to prove probable injury from the alleged juror misconduct, despite acknowledging impropriety in the contact. Consequently, the appellate court affirmed the trial court's judgment.

Medical malpracticeRes ipsa loquiturJuror misconductIDET procedureCatheter retentionNegligenceTexas civil procedureAppellate reviewExpert witnessTrial court discretion

References

Case No. MISSING

Regular Panel Decision

McCluskey v. West Bradford Corp.

Plaintiff Elizabeth McCluskey sustained an injury to her toe from a piece of metal embedded in a tile floor shortly after her employer moved into a new building. She initiated a negligence action against the landowner, building owner, general contractor, and the tile subcontractor, but a jury returned a verdict of no cause for action. On appeal, plaintiff asserted multiple errors, including the denial of requested jury charges on circumstantial evidence, adverse inference, constructive notice, res ipsa loquitur, and foreseeability, as well as a remark by opposing counsel and the court's refusal to grant a directed verdict. The Supreme Court affirmed the judgments, finding no significant errors in the jury instructions, that the summation remark was harmless, and that the denial of a directed verdict was proper given the evidence. The court also noted that res ipsa loquitur was not applicable due to the lack of exclusive control by defendants over the area of injury.

NegligencePremises LiabilityTile Floor InjuryCircumstantial EvidenceRes Ipsa LoquiturJury InstructionsDirected VerdictAppellate ReviewConstructive NoticeSummation Error

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Losier v. Ravi

Medical MalpracticeNegligenceRes Ipsa LoquiturIDET ProcedureCatheter BreakageJuror MisconductJury InstructionAppellate ReviewSpine SurgeryPain Management

References

Case No. MISSING

Regular Panel Decision

Sep 05, 2003

Di Roma v. Mutual of America Life Insurance

Res ipsa loquiturNegligenceBuilding collapseConstruction damageProperty damageTrial court errorAppellate reviewJury chargeExclusive controlRemand

References

Case No. MISSING

Regular Panel Decision

Apr 04, 1985

Ebanks v. New York City Transit Authority

Res ipsa loquiturNegligenceEscalator accidentJury instructionsExclusive controlContributory negligenceMedical testimonyX-ray evidenceAppellate reviewProximate cause

References

Case No. MISSING

Regular Panel Decision

Marathon Oil Co. v. Sterner

Personal InjuryNegligenceRes Ipsa LoquiturAppellate LawJury VerdictProximate CausePremises LiabilityIndependent Contractor LiabilityWorkplace AccidentGas Exposure Injury

References

Case No. 13-99-292-CV

Regular Panel Decision

Apr 13, 2000

De La Garza, Martin v. James C. Thomas, Inc., D/B/A James Thomas Exxon

NegligenceSummary JudgmentRes Ipsa LoquiturCommon LawAppellate ReviewWorkers Compensation NonsubscriberEmployer LiabilityPremises LiabilityTexas LawPersonal Injury

References

Case No. 2021 NY Slip Op 02902 [194 AD3d 1375]

Regular Panel Decision

May 07, 2021

Abdelall v. Niagara Frontier Tr. Metro Sys., Inc.

Jury VerdictExpert TestimonyRes Ipsa LoquiturExclusive ControlEmergency DoctrineDirected VerdictJury InstructionsAppellate ReviewPersonal InjuryBus Accident

References

Case No. MISSING

Regular Panel Decision

May 13, 2013

Claypoole v. Twin City Ambulance Corp.

Personal InjuryNegligenceRes Ipsa LoquiturSummary JudgmentAmbulance TransportHip FractureAppellate ReviewExclusive ControlTriable Issues of FactProximate Cause

References

Case No. MISSING

Regular Panel Decision

Texas Pipe Bending Co. v. Gibbs

NegligencePersonal InjuryRes Ipsa LoquiturHearsay EvidenceAgencySufficiency of EvidenceAppellate ProcedureJury InstructionPremises LiabilityTruck Accident

References

Case No. 14-08-00399-CV

Regular Panel Decision

Sep 10, 2009

Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A.

Medical malpracticeRes ipsa loquiturJuror misconductIDET procedureCatheter retentionNegligenceTexas civil procedureAppellate reviewExpert witnessTrial court discretion

References

Case No. MISSING

Regular Panel Decision

McCluskey v. West Bradford Corp.

NegligencePremises LiabilityTile Floor InjuryCircumstantial EvidenceRes Ipsa LoquiturJury InstructionsDirected VerdictAppellate ReviewConstructive NoticeSummation Error

References

Showing 1-10 of 327 results

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