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

Case No. 2018 NY Slip Op 07122 [165 AD3d 1108]
Regular Panel Decision
Oct 24, 2018

Matter of Alexandria F. (George R.)

This case involves consolidated proceedings concerning the alleged abuse and neglect of three children, Alexandria F., Adalila R., and George W.R., by George R. The Family Court, Nassau County, found George R. severely abused Alexandria F. and derivatively abused Adalila R. and George W.R., also finding neglect of all three children. Additionally, the Family Court denied a petition for custody and access filed by Adalila R.-S. On appeal, the Appellate Division, Second Department, modified the Family Court's order by deleting the 'severe' designation from the abuse finding regarding Alexandria F., as George R. was not her legal parent at the time. The court affirmed the findings of abuse against Alexandria F. and derivative abuse against Adalila R. and George W.R. Crucially, the Appellate Division disagreed with the Family Court's decision not to treat George R. as the father of Adalila R. and George W.R., citing formal judicial admissions by DSS. Consequently, the matter was remitted to the Family Court for further dispositional proceedings concerning Adalila R. and George W.R., including a re-evaluation of reunification efforts and the appropriateness and duration of protection orders. The denial of Adalila R.-S.'s custody and access petition was affirmed.

Child abuseChild neglectDerivative abuseParental rightsPaternityOrders of protectionCustody and accessFamily Court ActAppellate reviewRemittal
References
18
Case No. MISSING
Regular Panel Decision

In the Interest of George

Lois E. George appealed by writ of error an order declaring Kandice Lee George the biological child of Myron D. George, Lois's deceased husband. Lois, the sole beneficiary of workers' compensation death benefits, alleged she did not participate in the paternity action and found errors in the record. The trial court's order was based on a petition from Belinda Gail Gammons, the child's mother, alleging Myron was the father. The appellate court concluded that the Texas Family Code does not permit a paternity suit after the putative father's death, distinguishing it from probate code provisions for heirship determination. Consequently, the court reversed the trial court's judgment, vacated the order, and dismissed the cause.

Paternity actionWrit of errorPosthumous paternitySurvival of actionFamily CodeProbate CodeWorkers' Compensation death benefitsIntestate successionParent-child relationshipAd litem attorney
References
7
Case No. 2021 NY Slip Op 03231 [194 AD3d 1290]
Regular Panel Decision
May 20, 2021

Matter of George

The case concerns the estate of Mathai Kolath George, where the initial executor, Annie Kolath, engaged in self-dealing by purchasing the Llenroc Mansion through Power Angels, LLC, after terminating the decedent's prior contract. Following her removal, successor executors were appointed, leading to the current administrator, Andrew B. Jarosh, filing a petition seeking judicial settlement and a constructive trust on the property. Surrogate's Court dismissed the constructive trust claim as time-barred, prompting an appeal by Anil Paulose, Elizabeth Paulose, Thomas K. George, and Sharon George. The Appellate Division, Third Department, reversed this dismissal, applying the fiduciary tolling rule, and remitted the matter for further proceedings.

Estate LawConstructive TrustFiduciary DutyStatute of LimitationsTolling RuleSelf-DealingExecutors and AdministratorsAppellate ProcedureProperty DisputeReal Estate
References
17
Case No. 14-04-00015-CV
Regular Panel Decision
Nov 15, 2005

Cheol Mo Jea v. Sam J. Cho and Mi Rea Cho C/B/A Sam's Food Store

In this personal injury case, Cheol Mo Jea appealed a judgment notwithstanding the verdict (JNOV) after being shot during a robbery at Sam's Food Store, alleging the owners' negligence in failing to provide a safe workplace. Jea claimed the absence of a key to lock the door, inadequate exterior lighting, and lack of a second employee caused his injuries. The trial court granted the JNOV, finding no evidence of proximate cause. The appellate court affirmed, concluding that Jea failed to demonstrate that his injuries would not have occurred but for the alleged omissions, as there was no empirical data or expert opinion supporting a causal link.

Personal InjuryNegligenceProximate CauseJudgment Notwithstanding VerdictSafe WorkplaceRobberyCausationLegal SufficiencyAppellate ReviewTexas Law
References
7
Case No. 11-22-00085-CV
Regular Panel Decision
Aug 24, 2023

George Francis Sheehan, Jr. v. Pamela Sheehan

This is an appeal from a final decree of divorce where Appellant, George Francis Sheehan, Jr., contended the trial court erred by characterizing proceeds from an underinsured-motorist-claim settlement as community property. George was involved in a motor vehicle accident in 2014 and received a UIM settlement of $1,250,000 in 2019, with a net amount of $710,724.25 deposited into a joint checking account with Pamela Sheehan before their final separation. George argued the funds were his separate property based on a second settlement agreement executed after the funds were received and disbursed, which allocated proceeds to personal injury damages. The Eleventh Court of Appeals, however, found the first settlement agreement, executed contemporaneously with the mediation, did not allocate specific damages and that the later agreement did not alter the marital property characterization. The court concluded that George failed to meet his burden to prove by clear and convincing evidence which portion of the settlement proceeds was his separate property, as the first settlement released both community and separate property claims. Therefore, the appellate court affirmed the trial court's judgment.

divorcecommunity propertyseparate propertyunderinsured motorist claimsettlement proceedsmarital propertyabuse of discretionclear and convincing evidencepersonal injury damagesTexas Family Code
References
20
Case No. 05-15-00837-CV
Regular Panel Decision
Jul 26, 2016

J&M Sales of Texas, LLC v. Anette H. Sams

Anette H. Sams sued J&M Sales of Texas, LLC for negligence after sustaining an injury from a falling shelf in a retail store. Sams secured a default judgment for $45,350.79 against J&M Sales. J&M Sales subsequently moved for a new trial, asserting that their failure to file an answer was not intentional or due to conscious indifference, that they possessed a meritorious defense based on Sams's potential contributory negligence, and that a new trial would not cause undue delay or injury to Sams. The trial court denied this motion. The Court of Appeals reversed the trial court's decision, concluding that J&M Sales had successfully met all three elements of the Craddock standard for granting a new trial, and remanded the case for further proceedings.

Negligence ClaimDefault JudgmentMotion for New TrialAbuse of DiscretionCraddock StandardMeritorious DefenseConscious IndifferenceContributory NegligenceAppellate ReviewTexas Civil Procedure
References
9
Case No. MISSING
Regular Panel Decision

George C. Vaughan & Sons v. Dyess

W. L. Dyess sued George C. Vaughan & Sons for personal injuries sustained from a fall due to a broken scaffold at the defendant's business. National Automobile & Casualty Insurance Company intervened to recoup workmen's compensation payments made to Dyess. A jury found George C. Vaughan & Sons negligent and awarded $75,000 in damages. The trial court's judgment allocated funds to Dyess and the intervenor. George C. Vaughan & Sons appealed, alleging juror misconduct and an excessive verdict. The appellate court reviewed the evidence, including conflicting juror testimony regarding misconduct and the severe, permanent nature of Dyess's injuries, which included lumbar spine fractures and a ruptured disc. Ultimately, the court found no reversible error and affirmed the trial court's judgment.

Personal InjuryNegligenceScaffold AccidentJury MisconductExcessive VerdictWorkmen's CompensationPermanent DisabilityLumbar Spine InjuryRuptured DiscCivil Appeal
References
34
Case No. MISSING
Regular Panel Decision
Feb 10, 1997

Sam v. Town of Rotterdam

Plaintiff Sien Sam, a brake technician, was injured on February 2, 1993, when a police vehicle owned by the defendant experienced brake failure at Salisbury Chevrolet, Inc. Sam's complaint alleged derivative liability of the defendant as the vehicle owner and negligence for failing to disclose the vehicle's dangerous braking system. The Supreme Court granted summary judgment dismissing the complaint, leading to the plaintiffs' appeal. The appellate court affirmed the dismissal, noting that objections to the technical form of a supporting deposition must be preserved at the trial level. Furthermore, the court found plaintiffs failed to present evidence identifying the cause of the brake failure or demonstrating the defendant's knowledge of the defect.

Workers' Compensation LawSummary JudgmentAppellate ReviewIssue PreservationEvidentiary RulesAffidavit RequirementVehicle NegligenceBrake FailureOwner LiabilityDuty to Warn
References
6
Case No. 10-06-00401-CV
Regular Panel Decision
Apr 30, 2008

Joseph W. McCuen v. George Philips Huey, Jr.

This case is a declaratory judgment and interpleader action initiated by Chesapeake Exploration Limited Partnership to determine the rightful ownership of specific non-participating royalty interests. The trial court initially granted George Philips Huey, Jr.'s summary-judgment motion, declaring him the sole owner of these interests, which led to this appeal. The primary issues on appeal include the ownership dispute between George Philips Huey, Jr. and the heirs of Mary Huey, the obligation of Chesapeake to pay attorney's fees for an attorney ad litem representing various parties, and the entitlement of Mary's heirs who appeared to their own attorney's fees. The appellate court ultimately affirmed the trial court's judgment, confirming George Philips Huey, Jr. as the owner of the disputed interests.

Declaratory JudgmentInterpleader ActionRoyalty InterestsMineral Rights OwnershipReal Property LawProbate ProceedingsWill InterpretationParol Gift DoctrineSummary Judgment ReviewAppellate Procedure
References
75
Case No. MISSING
Regular Panel Decision

George v. Aventis Pharmaceutical, Inc.

This order addresses a motion for summary judgment filed by Aventis Pharmaceutical, Inc., in a case brought by Sam George. George alleged age discrimination under the ADEA and THRA, along with common law torts of outrageous conduct and negligent supervision, stemming from denied promotions and a hostile work environment. The Court granted summary judgment for the defendant on the hostile work environment, THRA, and common law claims, primarily deeming them time-barred. However, the Court denied summary judgment on George's disparate treatment age discrimination claim concerning the denial of the PCP2 Area Manager position, finding a genuine issue of material fact regarding the defendant's reasons for not promoting him. This means the age discrimination claim related to the PCP2 Area Manager position will proceed to trial.

Age DiscriminationEmployment LawSummary JudgmentHostile Work EnvironmentFailure to PromoteStatute of LimitationsPretextDisparate TreatmentTennessee Human Rights ActADEA
References
18
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