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

Case No. W2018-02198-COA-R3-CV
Regular Panel Decision
Dec 16, 2019

Scott Foltz v. Barnhart Crane and Rigging Company

Scott Foltz appealed the trial court's grant of summary judgment in his retaliatory discharge case against his former employer, Barnhart Crane and Rigging Company. Foltz alleged he was terminated in retaliation for filing a workers' compensation claim. The trial court found no causal connection between the claim and the termination and that Barnhart had legitimate, non-discriminatory reasons, specifically positive drug tests and a safety policy violation. The Court of Appeals affirmed this decision, agreeing that Foltz failed to establish a causal connection and did not demonstrate that Barnhart's reasons were pretextual. The case was remanded to the Circuit Court for Shelby County for further proceedings consistent with the opinion.

Retaliatory DischargeWorkers' Compensation ClaimSummary JudgmentDrug Testing PolicyEmployment TerminationCausal ConnectionPretextEmployer PolicyAppeals CourtTennessee Law
References
31
Case No. MISSING
Regular Panel Decision

Safety Cas. Co. v. Malvoux

Randolph Malvoux, an employee of Magnolia Petroleum Company, sued Safety Casualty Company for Workman’s Compensation due to an alleged accidental injury from overheating during employment on January 29, 1946. The jury found that Malvoux sustained an injury by overheating in the course of employment, which caused paresis, and that this injury resulted in total and permanent incapacity. The appellant, Safety Casualty Company, appealed the judgment, arguing insufficient evidence. The appellate court reviewed the evidence, including medical testimony supporting the link between overheating and the activation of syphilis leading to paresis, and found it sufficient. The court also upheld the trial judge's discretion in refusing to reopen the case for additional testimony. Ultimately, all of the appellant's points were overruled, and the trial court's judgment was affirmed.

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

Thomas Doss and Releo, Inc. (plaintiffs) filed an action seeking to enjoin the Consumers Product Safety Commission (CPSC) from enforcing certain sections of the Consumers Product Safety Act against their product, the "Wel-Dex" arc welder, and requested a three-judge panel for constitutional questions. The CPSC had issued a public warning about the Wel-Dex after an investigation, despite the plaintiffs' attempts to secure a prior hearing. The plaintiffs challenged the CPSC's delegation of authority for issuing such warnings and sought pre-enforcement judicial review. The court, presided over by District Judge Noel, determined that the plaintiffs had not exhausted their administrative remedies and that the matter was not ripe for judicial review. Consequently, the defendants' motion to dismiss was granted, and the cause was dismissed.

Consumer Product Safety ActAdministrative LawAgency DiscretionSubdelegation of AuthorityPublic WarningPre-enforcement ReviewExhaustion of Administrative RemediesRipeness for ReviewThree-Judge CourtDue Process
References
26
Case No. 14-07-00465-CV
Regular Panel Decision
Oct 08, 2009

Rowan Companies, Inc. v. WIilmington Trust Company, Not in Its Individual Capacity but Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL CORPORATION, NORTH SEA INVESTMENTS, INC., and NORTH SEA (CONNECTICUT) LP

The appellate court in this case reviewed a summary-judgment appeal concerning a contract dispute over the valuation of an oil rig destroyed by a hurricane. Appellant Rowan Companies, Inc. challenged the trial court's decision, arguing that the appellees, including Wilmington Trust Company, improperly used a post-loss appraisal to inflate the rig's estimated residual value. The court agreed with Rowan, concluding that the contractual phrase "estimated residual value" was unambiguous and meant the value estimated at the beginning of the lease, not after the loss. Consequently, the court reversed the trial court's judgment and remanded the case for recalculation of Rowan's payment obligations and the disposition of excess insurance funds, while upholding the attorneys' fees award.

ShippingMaritime LawContract DisputeLease AgreementAppraisalResidual ValueInsuranceHurricane DamageOil RigSummary Judgment
References
62
Case No. MISSING
Regular Panel Decision

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident
References
10
Case No. 2023 NY Slip Op 03287
Regular Panel Decision
Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract
References
12
Case No. M2016-00083-COA-R3-CV
Regular Panel Decision
Dec 21, 2016

Vernon Lockhart v. Commissioner of The Tennessee Department of Safety

This appeal arises from a civil forfeiture. Vernon Lockhart was charged and later convicted on a number of criminal counts related to the distribution of large amounts of marijuana. The Tennessee Department of Safety and Homeland Security declared as forfeited certain of Lockhart's properties alleged to be derived from illegal drug transactions. An Administrative Law Judge found in favor of the Department by a preponderance of the evidence, a decision which was affirmed on appeal by the Chancery Court for Davidson County. Lockhart appeals to this Court, arguing that the evidence used against him should have been suppressed and that the ALJ and Trial Court erred by failing to conduct an independent analysis of his suppression issue. The Court of Appeals holds that the ALJ's order of forfeiture was supported by a preponderance of the evidence and that the doctrine of collateral estoppel bars Lockhart from re-litigating the suppression issue. The judgment of the Trial Court upholding the ALJ's forfeiture order is affirmed.

Civil ForfeitureDrug TraffickingCollateral EstoppelSuppression of EvidenceExclusionary RulePreponderance of EvidenceAsset ForfeitureCriminal ConvictionAdministrative LawAppellate Review
References
28
Case No. MISSING
Regular Panel Decision

Brown v. Aztec Rig Equipment, Inc.

William Brown and his wife, Mary, filed a negligence suit against Aztec Rig Equipment, Inc. (Aztec) and Administaff, Inc. (Administaff) following Mr. Brown's alleged personal injuries on Aztec's premises. The defendants moved for summary judgment, asserting the suit was barred by the exclusive remedy provision of the Texas Workers' Compensation Act, which the trial court granted. On appeal, the court affirmed the summary judgment, concluding that Administaff and Aztec were co-employers of Mr. Brown for workers' compensation purposes. The court found that Aztec had coverage through Administaff and complied with notice provisions, making the exclusive remedy provision applicable. Therefore, the Browns' negligence suit against both entities was barred.

Summary Judgment AppealExclusive Remedy DefenseCo-Employer LiabilityStaff Leasing ArrangementWorker Injury ClaimsEmployer Immunity TexasNegligence Suit BarredContract ValidityEmployment At WillConstructive Notice Coverage
References
27
Case No. 09-21-00247-CV
Regular Panel Decision
Dec 22, 2022

Sharon Appleton v. Consolidated Crane and Rigging, LLC

Sharon Appleton appealed the trial court's summary judgment in favor of Consolidated Crane & Rigging, LLC (CCR) after her husband, Alfred Appleton, died from injuries sustained in a fall. Alfred fell from a boom truck being used by CCR employee Melvin Mixon for a personal task at his home, subsequent to Mixon completing an authorized charitable task for CCR. Appleton sued CCR for wrongful death, negligence, respondeat superior, and negligent hiring, training, and supervision. The Court of Appeals affirmed the summary judgment, ruling that Mixon was not acting within the course and scope of his employment during the incident and that CCR did not owe a duty under the negligent hiring, training, or supervision claims due to lack of foreseeability and the burden on the employer.

Summary judgmentRespondeat superiorNegligent hiringNegligent trainingNegligent supervisionCourse and scope of employmentForeseeabilityDuty of careEmployer liabilityBoom truck accident
References
35
Case No. 11-20-00145-CV
Regular Panel Decision
Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Justin Schrader sued the Texas Department of Public Safety (DPS) for injuries sustained during his arrest, alleging negligent application of handcuffs and a 'leg sweep' by Trooper Jerry Hale. DPS moved to dismiss the suit, citing sovereign immunity under the Texas Tort Claims Act (TTCA). The trial court granted the dismissal. On appeal, Schrader argued that the TTCA's waiver of immunity applied and that the intentional tort exclusion did not, as Trooper Hale did not intend to injure him. The Eleventh Court of Appeals, however, affirmed the trial court's decision, ruling that the gravamen of Schrader's complaint was excessive force—a battery, an intentional tort—which falls under the TTCA's intentional tort exclusion, thus preserving DPS's sovereign immunity.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal
References
29
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