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

Case No. 06-08-00008-CV
Regular Panel Decision
Oct 07, 2008

Rigdon Marine Corporation v. Bobby Roberts, Jr.

Captain Bobby Roberts, Jr. sued his employer, Rigdon Marine Company, under the Jones Act for negligence and failure to provide a seaworthy crew and vessel following a brutal beating by crew members aboard the *Iberville*. A jury awarded Roberts $1,505,000, including $1,150,000 for lost future earning capacity. Rigdon Marine Company appealed the jury's findings on negligence, unseaworthiness, and the earning capacity award, also challenging the trial court's denial of proposed jury instructions. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's verdict and ruling that the requested instructions were properly denied as misleading embellishments to standard jury charges.

Jones ActUnseaworthinessMaritime LawSeaman InjuryEmployer NegligenceLost Earning CapacityAppellate ProcedureJury InstructionsAssault on VesselCrew Misconduct
References
47
Case No. 04-18-00758-CV
Regular Panel Decision
Jul 10, 2019

Michelle Nino, Individually and as Personal Representative of the Estate of Robert Nino, Julyssa Sixx Nino Robert Nino Jr. And Alyssa Nikki Nino v. Primoris Energy Services Corp.

Robert Niño, an employee of Primoris, died from a heart attack after experiencing heat stress symptoms at work and repeatedly declining offers of medical assistance. His family (the Niños) sued Primoris, alleging gross negligence for failing to provide immediate medical treatment. The trial court granted Primoris's no-evidence motion for summary judgment, which the appellate court affirmed. The appellate court found no evidence that Primoris employees acted with conscious indifference, as they took precautions and repeatedly offered aid, which Robert declined, concluding Primoris was not grossly negligent.

Gross negligenceWorkers' compensationExclusive remedySummary judgmentHeat stressHeart attackEmployee deathTexas lawAppellate reviewObjective risk
References
13
Case No. 2015-01-0184
Regular Panel Decision
Jan 29, 2016

Dennis, Robert, Jr. v. Polymer Components

The employee, Robert Dennis, Jr., sustained an injury on the employer's premises during a break when he fell in a hole while walking to his vehicle. Initially, the employer, Polymer Components, provided medical benefits but later denied the claim, asserting the injury was not compensable. The trial court ruled in favor of the employee, ordering medical benefits. The employer appealed this decision. The Appeals Board affirmed the trial court's order, citing a lack of a complete record which precluded a full review of the merits, and remanded the case for further proceedings.

workers' compensationpremises liabilitycourse of employmentscope of employmentmedical benefitsexpedited hearinginterlocutory appealinjury claimknee injuryshoulder injury
References
3
Case No. E2012-00001-CCA-R3-CD
Regular Panel Decision
Aug 19, 2013

State of Tennessee v. Robert Eugene Crawford, Jr.

The Defendant, Robert Eugene Crawford, Jr., was convicted of aggravated child abuse and aggravated child neglect involving his newborn son. He was sentenced to consecutive terms of twenty-five years for each conviction. On appeal, Crawford challenged the denial of his motion to suppress statements, grand jury material disclosure, admission of reenactment photographs, limitations on cross-examination, denial of investigator testimony, and various sentencing determinations. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgments, finding no errors in the rulings regarding evidence admissibility or the sentencing decisions.

Aggravated Child AbuseAggravated Child NeglectCriminal AppealSuppression MotionMiranda RightsVoluntary StatementsReenactment PhotographsCross-ExaminationSentencing ReviewConsecutive Sentencing
References
64
Case No. W2008-01649-COA-R3-CV
Regular Panel Decision
Aug 13, 2009

John C. Blair v. Robert Sullivan, Jr.

This appeal concerns a negligence claim stemming from a motor vehicle accident between plaintiff John C. Blair and defendant Robert Sullivan, Jr. Blair appealed the trial court's decision, arguing errors in the admission of his positive drug test, the propriety of jury instructions, and the evidentiary support for the jury's comparative fault verdict. The appellate court found that the trial court did not abuse its discretion by admitting the drug test for issues of fault and credibility. It further determined that the jury instructions were proper and that material evidence supported the jury's finding of 50/50 comparative fault between the parties. Accordingly, the judgment of the trial court was affirmed.

Negligence ClaimMotor Vehicle AccidentDrug Test AdmissibilityJury InstructionsComparative FaultAppellate ReviewAbuse of DiscretionEvidence RelevanceProbative ValueTennessee Code Annotated
References
10
Case No. 01-08-00229-CV
Regular Panel Decision
Oct 08, 2009

Robert O'Conor, Jr. v. the Frost National Bank

Robert O'Conor, Jr. appealed the trial court's grant of summary judgment to Frost National Bank and denial of his cross-motion. O'Conor had filed an invasion of privacy counterclaim against Frost for disclosing his Social Security Number (SSN) in financial documents filed with the court as part of Frost's claim for O'Conor's failure to pay a promissory note. O'Conor argued that Frost violated the Social Security Act, the Texas Business and Commerce Code, and common law invasion of privacy, and that his SSN was constitutionally protected. The Court of Appeals affirmed the trial court's decision, finding no private right of action under the Social Security Act, the Texas Business and Commerce Code's "court records" exception applied, and no common law invasion of privacy occurred.

Social Security Number DisclosureInvasion of PrivacySummary JudgmentPromissory NoteTexas LawFederal LawConstitutional RightsAppellate ReviewBanking LitigationIdentity Theft Concerns
References
20
Case No. 13-11-00585-CV
Regular Panel Decision
Dec 13, 2012

Robert Zissa, Jr. v. Euton's Harley-Davidson, Inc.

Robert Zissa Jr., an employee of Euton’s Harley Davidson, Inc. (EHD), sustained severe injuries, including the loss of his right leg, in a motorcycle accident while test-driving a customer's motorcycle during his employment. EHD was a non-subscriber to the Texas Workers’ Compensation Act. Zissa sued EHD for negligence, alleging failures to instruct on safe motorcycle operation, implement safety procedures, and provide a safe test-driving environment. The trial court granted summary judgment in favor of EHD. On appeal, the Thirteenth District of Texas Court of Appeals affirmed the lower court's decision, concluding that EHD did not owe a legal duty to Zissa, given his extensive experience as a motorcycle rider and the obvious nature of traffic hazards, thus upholding the summary judgment against his negligence claim.

NegligenceSummary JudgmentEmployer LiabilityDuty of CareTexas Workers' Compensation ActNon-subscriberMotorcycle AccidentWorkplace SafetyProximate CauseAppellate Review
References
12
Case No. 06-11-00050-CV
Regular Panel Decision
Dec 07, 2011

John Leeman Isaacs and Susan Gail Isaacs v. Robert G. Schleier, Jr., and Schleier & Brown, P.C.

This case involves an appeal by John Leeman Isaacs and Susan Gail Isaacs against their former attorney, Robert G. Schleier, Jr., and his firm. The Isaacses' claims for breach of contract, negligence, breach of fiduciary duty, and constructive fraud against Schleier stemmed from a prior lawsuit where Schleier allegedly engaged in dual representation during a property sale. The trial court granted a take-nothing summary judgment in favor of Schleier, concluding that the Isaacses' claims were legal malpractice claims barred by a two-year statute of limitations. The appellate court affirmed this decision, finding that the Isaacses' claims were indeed malpractice claims and that the asserted tolling provisions (discovery rule, fraudulent concealment, and Hughes rule) did not apply because the Isaacses had knowledge of the potential dual representation allegations as early as 2002. Therefore, their 2005 lawsuit was filed outside the statutory limitations period.

Legal MalpracticeStatute of LimitationsDual RepresentationBreach of ContractNegligenceBreach of Fiduciary DutyFraudulent ConcealmentDiscovery RuleHughes Tolling ProvisionSummary Judgment
References
52
Case No. 11-06-00107-CV
Regular Panel Decision
Apr 03, 2008

Robert Haddix Jr. v. American Zurich Insurance Company Chesterfield Services, Inc. The Salvation Army And Flahive, Ogden and Latson, P.C.

Robert Haddix Jr. filed suit against multiple defendants for alleged on-the-job injuries and workers' compensation claims. The trial court dismissed Haddix's suit by granting the defendants' pleas to the jurisdiction, citing a failure to exhaust administrative remedies. The Eleventh Court of Appeals affirmed the dismissal of claims related to one injury (November 25) and discrimination claims, finding administrative remedies were not exhausted. However, the appellate court reversed and remanded claims regarding another injury (December 16) as a valid appeal of an appeals panel decision, as well as claims for retaliation, unlawful eviction, and unpaid wages, where jurisdiction was found to exist. The court also addressed Haddix's procedural complaints, affirming the trial court's rulings, and cautioned Haddix about his conduct during the appeal.

Workers' CompensationAppellate JurisdictionAdministrative RemediesPlea to the JurisdictionExhaustion of RemediesRetaliation ClaimEmployment DiscriminationPayday LawJudicial ReviewDue Process
References
30
Case No. 03-14-00419-CV
Regular Panel Decision
Jul 08, 2015

Marshall Jackson, Jr. v. Denny Morrison, Janice Robinson, Gateway Foundation, Inc., Jesus Sanchez, Robert Auert, Patrick Lowe, and Anita Bjornaas

Marshall Jackson, Jr., an inmate, appealed the trial court's grant of summary judgment in favor of Denny Morrison, Janice Robinson, Gateway Foundation, Inc., Jesus Sanchez, Robert Auert, Patrick Lowe, and Anita Bjornaas. Jackson, previously at the Kyle Correctional Center, was disciplined and discharged from a drug treatment program operated by Gateway Foundation, Inc., for refusing to participate in activities. He filed a pro se petition alleging negligence and gross negligence against the defendants, claiming improper treatment and denial of legal counsel during a disciplinary hearing. The defendants filed a motion for summary judgment, arguing that Jackson's unanswered requests for admissions were deemed admitted, thereby negating essential elements of his claims. The appellate court affirmed the trial court's summary judgment, concluding Jackson waived issues by not addressing the traditional motion for summary judgment in his brief, and that the deemed admissions conclusively negated his claims.

summary judgmentinmate litigationnegligence claimgross negligencedisciplinary hearingrequests for admissionpro se litigantappellate procedurewaiver of issuescausation element
References
7
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