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

Case No. 2-04-065-CV
Regular Panel Decision
Jan 27, 2005

Tarrant County Hospital District D/B/A John Peter Smith Hospital v. GE Automation Services, Inc., F/K/A GE Industrial Systems Solutions, Inc., Supply Operations, Inc., F/K/A GE Supply Operations, Inc., and General Electric Company

Appellant Tarrant County Hospital District appealed a summary judgment granted to Appellees GE Automation Services, Inc., Supply Operations, Inc., and General Electric Company. The suit stemmed from a 1996 transaction where Appellant alleged Appellees provided a defective bus duct system, leading to contract, warranty, products liability, and negligence claims. The appellate court affirmed the trial court's decision, ruling that the four-year statute of limitations under the Uniform Commercial Code (Texas Business & Commerce Code § 2.725) barred the contract and warranty claims, overriding governmental immunity. Furthermore, the court held that the economic loss rule precluded Appellant's tort claims, as the alleged damages constituted economic losses to the subject matter of the contract itself.

Summary JudgmentGovernmental ImmunityStatute of LimitationsEconomic Loss RuleBreach of ContractBreach of WarrantyProducts LiabilityNegligenceUniform Commercial CodeTexas Civil Practice and Remedies Code
References
34
Case No. ADJ296202 (MON 0361418) ADJ4645901 (MON 0361419)
Regular
Apr 17, 2009

DERRICK ONYEMELUKWE vs. SYSTEMS SUPPLY STATIONERY, REPUBLIC INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) denied reconsideration in the case of Derrick Onyemulukwe v. Systems Supply Stationery; Republic Indemnity Company. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ) in its decision. The WCAB gave great weight to the WCJ's credibility findings. Therefore, the petition for reconsideration was denied.

DERRICK ONYEMELUKWESYSTEMS SUPPLY STATIONERYREPUBLIC INDEMNITY COMPANYADJ296202ADJ4645901ORDER DENYING RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDWCJ REPORTGARZA V. WORKERS' COMP. APPEALS BD.CREDIBILITY FINDING
References
1
Case No. 13-99-271-CV
Regular Panel Decision
Aug 30, 2002

West, Randy and Antonia West v. Maintenance Tool and Supply Co., Inc. and Rene Rodriguez, Individually and as Representative of Maintenance Tool and Supply Co., Inc.

The appellants, Randy and Antonia West, appealed a default summary judgment granted in favor of appellees, Maintenance Tool & Supply Co., Inc. and Rene Rodriguez. The claims at issue were workers' compensation retaliation and defamation, along with sanctions imposed against West's counsel. The appellate court affirmed the trial court's grant of summary judgment on the retaliation claim, finding that Maintenance Tool & Supply Co. established a legitimate, non-discriminatory reason for West's termination and that West had adequate notice of the hearing. The defamation claim was also affirmed for summary judgment due to judicial proceeding privilege. However, the court reversed the order imposing sanctions, ruling that the trial court abused its discretion by not providing notice and an evidentiary hearing as required by procedural rules before imposing sanctions.

Summary judgmentWorkers' compensation retaliationDefamationRule 13 sanctionsAbuse of discretionNotice of hearingMotion for new trialCausation employment lawJudicial proceeding privilegeAttorney conduct
References
35
Case No. MISSING
Regular Panel Decision

IRR Supply Centers, Inc. v. Metzgar (In Re Metzgar)

This case addresses whether a construction project involving a cooling system for large juice tanks constituted an 'improvement of real property' under the New York Lien Law, thereby creating a trust fund. The debtor, Robert Metzger, a general contractor, failed to pay his subcontractor, Irr Supply Centers, Inc., for pumps installed in Cliffstar Corporation's juice storage system, despite receiving full payment from Cliffstar. Irr Supply Centers, Inc. initiated an adversary proceeding after Metzger filed for bankruptcy, contending that Metzger's misapplication of funds violated the Lien Law's trust provisions, making the debt non-dischargeable under 11 U.S.C. § 523(a)(4). The court analyzed whether the pumps were 'fixtures' by applying a three-condition test: annexation, application to real estate's purpose, and intent for permanent accession. Finding that the pumps were essential to the juice storage system, permanently annexed, and intended as a permanent improvement, the court ruled that the project involved an improvement to real property, entitling Irr Supply Centers, Inc. to the protection of the Lien Law's trust fund provisions, and thus the debt was nondischargeable.

BankruptcyDischargeability of DebtNew York Lien LawTrust FundsImprovement to Real PropertyFixturesConstruction ContractsSubcontractor ClaimsFiduciary CapacityChapter 11
References
7
Case No. MISSING
Regular Panel Decision

Britt v. Grocers Supply Co.

Richard L. Britt and Timothy Jackson, Jr., brought a class action lawsuit against Grocers Supply Company, Inc., and Teamsters Local 968, alleging age discrimination after Grocers Supply altered its wage calculation system. The plaintiffs, mainly employees over forty, went on strike in opposition to the new productivity-based system. Grocers Supply hired replacements during the strike, and the strikers were subsequently informed they had been replaced upon attempting to return to work. The court found insufficient evidence of age discrimination, noting that the plaintiffs were not discharged but voluntarily left their jobs. The court further concluded that the age discrimination claim was preempted by the National Labor Relations Act, ultimately denying the action and ruling that the plaintiffs would take nothing from Grocers Supply.

Age DiscriminationSummary JudgmentNational Labor Relations ActPreemptionStrikeReplacement WorkersWage DisputeClass ActionADEACollective Bargaining
References
2
Case No. 01-10-00169-CV
Regular Panel Decision
Apr 28, 2011

Microcheck Systems. Inc v. Microcheck Systems, Inc., Chris Zigrossi, Scott Murphy, Mike Smith, Individually and D/B/A CMS Technology AKA CMS Technologies, Michoice Technology Systems, Inc., Jim Hayden, Alex Campbell and Jason Jablecki

Appellants MicroCheck Systems, Inc., MicroCheck Solutions, Inc., and John Manning challenged the trial court's denial of their motion to reinstate a case dismissed for want of prosecution. Their attorney, Scarlett May, failed to appear at a docket call due to a mistaken belief that she had been replaced by new counsel, Patrick Hubbard. The trial court denied the motion, stating a policy against missing docket calls. The appellate court found that the trial court abused its discretion by not applying the correct legal standard, which requires reinstatement if the failure to appear was due to accident or mistake and not conscious indifference. The court reversed the trial court's judgment and remanded the case.

Dismissal for Want of ProsecutionMotion to ReinstateAbuse of DiscretionAttorney ErrorMistake of CounselConscious IndifferenceTexas Rules of Civil Procedure 165aAppellate ReviewSubstitution of CounselTrial Court Discretion
References
11
Case No. 10-14-00132-CV
Regular Panel Decision
Apr 28, 2016

Tractor Supply Co. of Texas, L.P. v. Kenneth Edd McGowan

Kenneth Edd McGowan sued Tractor Supply Co. of Texas, L.P. for personal injuries sustained while working as a temporary employee at Tractor Supply's distribution center. McGowan was injured when a pallet of dog food was pushed off a rack by a Tractor Supply employee. The trial court found Tractor Supply liable and awarded McGowan damages, but Tractor Supply appealed, asserting an exclusive remedy defense under the Texas Workers' Compensation Act. The appellate court determined that McGowan was considered an employee of Tractor Supply for workers' compensation purposes and that Tractor Supply was covered by an insurance policy obtained by Job Link Personnel Services, Inc., which included an Alternate Employer Endorsement. Consequently, the appellate court reversed the trial court's judgment, ruling that Tractor Supply was entitled to the exclusive remedy defense, thereby barring McGowan's recovery.

Workers' CompensationExclusive RemedyTemporary Employment AgencyEmployer-Employee RelationshipNegligencePersonal InjurySummary JudgmentAppellate ReviewInsurance CoverageAlternate Employer Endorsement
References
3
Case No. 01-19-00300-CV
Regular Panel Decision
Apr 15, 2021

Michelle Hudson v. Memorial Hospital System

Michelle Hudson sued Memorial Hospital System, Memorial Hermann Health System, ThyssenKrupp Elevator Corporation, and C.B. Richard Ellis, Inc. for personal injuries sustained in a malfunctioning elevator on Memorial Hermann's property. Hudson, an employee of Memorial Hermann (a non-subscriber under the Texas Workers’ Compensation Act), alleged the defendants were negligent and liable under premises liability. The trial court granted summary judgment for the defendants. Hudson appealed, arguing the trial court incorrectly applied premises liability principles instead of ordinary negligence and that genuine issues of material fact existed. The appellate court affirmed, holding that Hudson's claim against Memorial Hermann sounded exclusively in premises liability and she failed to preserve her argument. The court also found Hudson provided insufficient evidence to overcome the no-evidence summary judgment for CBRE and ThyssenKrupp.

Personal InjuryPremises LiabilityOrdinary NegligenceSummary JudgmentElevator AccidentWorkers' Compensation Non-subscriberEmployer DutyProperty Manager LiabilityMaintenance ServicesAppellate Review
References
44
Case No. 15-25-00011-CV
Regular Panel Decision
Oct 31, 2025

The Board of Regents of the University of Texas System, the University of Texas System, and the University of Texas M.D. Anderson Cancer Center v. Gensetix, Inc.

This document is Appellee Gensetix, Inc.'s brief in surreply to an appeal brought by The Board of Regents of the University of Texas System, et al., before the Fifteenth Court of Appeals in Austin, Texas. Gensetix argues that the district court correctly denied the Appellants' plea to the jurisdiction. The core of Gensetix's argument centers on the Appellants' alleged abuse of Eleventh Amendment immunity, characterizing it as an unlawful 'Taking' of Gensetix's exclusive commercialization rights related to patents. The brief distinguishes the current case from Curadev Pharma Pvt. Ltd. v. The Univ. of Tex. Sw. Med. Ctr. by highlighting the presence of disputed jurisdictional facts and the Appellants' invocation of sovereign power. Gensetix contends that the duration of the misappropriation is irrelevant to liability and asserts that some of the Appellants' arguments regarding contract interpretation are unpreserved. The appellee requests that the appellate court affirm the district court's decision.

Eleventh AmendmentSovereign ImmunityEminent DomainTakings ClausePatent LitigationIntellectual Property RightsCommercialization RightsJurisdictional PleaAppellate ProcedureTexas Courts
References
31
Case No. M2023-00249-COA-R3-CV
Regular Panel Decision
Apr 26, 2024

Brian Coblentz v. Tractor Supply Company (Dissenting)

This dissenting opinion addresses a premises liability suit by Brian Coblentz against Tractor Supply Company. The central issue is whether Tractor Supply is Coblentz's statutory employer, which would preclude his tort claim due to workers' compensation's exclusive remedy provision. The majority concluded that Tractor Supply is a statutory employer, based on existing Tennessee caselaw. The dissenting judge argues that Tennessee caselaw has not adequately considered vendor-vendee relationships, like that between Tractor Supply and Coblentz's immediate employer, Stanley National (a product vendor), when determining statutory employer status. The dissent posits that applying the current framework to vendors improperly expands workers' compensation liability and reduces employee protections against negligence, advocating for further examination of this legal gap.

Workers' CompensationStatutory EmployerPremises LiabilityVendor-Vendee RelationshipSubcontractor StatusExclusive RemedyDissenting OpinionContract LawTennessee LawTort Immunity
References
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