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

Case No. MISSING
Regular Panel Decision

Fontus v. D & J School Bus

Carole Fontus was allegedly injured after being struck by a school bus owned by D & J School Bus and operated by DT Transportation, Inc., with Pasquale Amodei as the driver. Fontus and her husband filed a personal injury lawsuit. The defendants raised a fifth affirmative defense, claiming Fontus and Amodei were coemployees under Workers’ Compensation Law § 29 (6), thus barring the action. The Supreme Court initially granted the plaintiffs’ motion to strike this defense. However, the appellate court modified the order, denying the plaintiffs' motion to strike the fifth affirmative defense, citing unresolved issues of fact regarding the employment relationship between the parties.

Personal InjurySchool Bus AccidentCo-employmentWorkers' CompensationAffirmative DefenseSummary JudgmentAppellate ReviewFactual DisputeEmployment RelationshipMotor Vehicle Accident
References
2
Case No. 06-13-00115-CV
Regular Panel Decision
Apr 17, 2014

Mt. Pleasant Independent School District v. Dona K. Elliott

Dona K. Elliott sued Mt. Pleasant Independent School District after a bus she was driving experienced brake failure, causing an accident that broke her kneecap. Elliott was employed by Durham Transportation, Inc., which had recently contracted with the District to operate and maintain its bus fleet. The District appealed the trial court's decision to overrule its plea to the jurisdiction, arguing sovereign immunity was not waived. The Court of Appeals concluded that the District did not have direct control over the bus's operation at the time of the accident, nor does maintenance fall under the definition of 'operation' or 'use' in the Texas Tort Claims Act for school districts. Consequently, the court reversed the trial court's judgment and dismissed Elliott's claims.

Sovereign ImmunityTexas Tort Claims ActMotor Vehicle AccidentSchool District LiabilityNegligent MaintenanceIndependent ContractorGovernmental ImmunityWaiver of ImmunityBus Brake FailurePersonal Injury
References
26
Case No. 2-08-266-CV
Regular Panel Decision
Mar 05, 2009

Jane Doe, Individually and as Next Friend for Sally Doe, a Minor v. Texas Association of School Boards, Inc. and Texas Association of School Boards Risk Management Fund

Appellant Jane Doe, individually and as next friend for her daughter Sally Doe, a minor, appealed the trial court's order granting summary judgment motions of appellees Texas Association of School Boards, Inc. (TASB, Inc.) and Texas Association of School Boards Risk Management Fund (TASB RMF). The case originated from sexual assaults committed by a school bus driver, John Paul Emenhiser, against Sally Doe. Appellant later sued appellees seeking a declaration that Emenhiser was an insured under their coverage to the Denton Independent School District (DISD), which would obligate appellees to satisfy a $5,000,000 judgment appellant obtained against Emenhiser. The Court of Appeals affirmed the trial court's summary judgment, concluding that an indemnity clause in a prior settlement agreement between appellant and DISD precluded appellees' responsibility to pay the judgment, thereby rendering the coverage issue moot.

Sexual MisconductSummary JudgmentIndemnity AgreementThird-Party BeneficiaryContract InterpretationMinor's RightsQuasi-EstoppelAppellate ProcedureCoverage DisputeSchool Liability
References
39
Case No. 2020 NY Slip Op 01869 [181 AD3d 1113]
Regular Panel Decision
Mar 16, 2020

Matter of Perry v. All Am. Sch. Bus Corp.

In this workers' compensation case, claimant Diane Perry, a school bus attendant, sustained multiple injuries when she was struck by a motor vehicle while waiting for her assigned bus. A Workers' Compensation Law Judge (WCLJ) found that her injuries arose from an accident in the course of her employment and made awards. The employer and its carrier appealed to the Workers' Compensation Board, but their application for review was denied because they failed to completely answer question 15 on the RB-89 form, which required specifying the objection and when it was interposed, as mandated by 12 NYCRR 300.13 (b) (1) and (2) (ii). The Board upheld this denial, and the Appellate Division, Third Department, affirmed both the Board's decision and amended decision, finding no abuse of discretion in the Board's enforcement of its procedural rules.

Workers' Compensation BenefitsAdministrative ReviewApplication DenialRegulatory ComplianceAppellate ProcedureWorkers' Compensation Law JudgeScope of EmploymentMotor Vehicle AccidentInjury CompensationBoard Discretion
References
13
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. 2024 NY Slip Op 02521 [227 AD3d 776]
Regular Panel Decision
May 08, 2024

Dolores v. Grandpa's Bus Co., Inc.

Cleotilde Dolores, the plaintiff, sustained personal injuries when her school bus was struck from the rear by another school bus owned by Grandpa's Bus Co., Inc., and driven by Samuel Bercy. She subsequently filed a personal injury action against the defendants. The defendants sought summary judgment, contending that the parties shared a special employment relationship with nonparty Logan Bus Payroll Systems, Inc., which would invoke the exclusive remedy provisions of the Workers' Compensation Law and bar the action. The Supreme Court, Kings County, denied the defendants' motion. On appeal, the Appellate Division, Second Department, affirmed the lower court's decision, ruling that the defendants failed to meet their prima facie burden to establish the existence of such a special employment relationship.

Personal InjurySummary JudgmentWorkers' Compensation LawSpecial Employment RelationshipEmployer LiabilityBus AccidentRear-End CollisionAppellate PracticePrima Facie BurdenKings County
References
8
Case No. MISSING
Regular Panel Decision

Doe v. TEXAS ASS'N OF SCHOOL BOARDS, INC.

This case involves appellant Jane Doe, individually and as next friend for her daughter Sally Doe, appealing a trial court's order granting summary judgment to the Texas Association of School Boards, Inc. (TASB, Inc.) and Texas Association of School Boards Risk Management Fund (TASB RMF). Sally Doe was sexually assaulted by a school bus driver, John Paul Emenhiser. Jane Doe initially sued Emenhiser, then added the Denton Independent School District (DISD) and subsequently appellees (TASB, Inc. and TASB RMF), who provided liability coverage to DISD. Appellant sought a declaration that Emenhiser was an insured under appellees' Sexual Misconduct Claims Endorsement, obligating them to defend him and satisfy any judgment. Appellees countered that no obligation existed due to an exclusion for criminal acts and asserted a counterclaim for contractual indemnity based on a settlement agreement between appellant and DISD. The appellate court affirmed the trial court's summary judgment, holding that the settlement agreement's indemnity provisions precluded appellees' responsibility to pay any judgment obtained against Emenhiser, thereby rendering the coverage issue moot as to appellant.

Summary JudgmentIndemnity AgreementThird-Party BeneficiaryContract InterpretationInsurance Coverage DisputeSexual MisconductMinor's RightsNext Friend RepresentationQuasi-EstoppelAppellate Review
References
35
Case No. 2018 NY Slip Op 03854 [161 AD3d 1188]
Regular Panel Decision
May 30, 2018

Owens v. Jea Bus Co., Inc.

The plaintiff, a school bus matron, sustained injuries in a collision and subsequently filed for workers' compensation benefits. The Workers' Compensation Board determined that Jea Bus Co., Inc. was her employer, and she began receiving benefits from their insurer. The plaintiff then commenced a personal injury action against Jea Bus Co., Inc., and Tebaldo A. Sibilia, the bus driver and a Smart Pick, Inc. employee. The defendants moved for summary judgment arguing the exclusivity provision of the Workers' Compensation Law. The Supreme Court denied this motion, finding triable issues of fact. The Appellate Division modified the order, granting summary judgment to Jea Bus Co., Inc., on the grounds of workers' compensation exclusivity, as the plaintiff had accepted benefits from them. However, the court denied summary judgment for Sibilia, finding he failed to establish prima facie that he was a special employee of Jea Bus Co., Inc., and thus not entitled to co-employee immunity.

Personal InjuryWorkers' Compensation ExclusivitySummary JudgmentAppellate PracticeCo-Employee ImmunitySpecial Employee StatusGrave InjuryWorkers' Compensation Board JurisdictionEmployer LiabilityContribution and Indemnification
References
32
Case No. MISSING
Regular Panel Decision

Montauk Bus Co., Inc. v. Utica City School Dist.

Montauk Bus Company, Inc. ("Montauk") sued the Utica City School District and other defendants under federal and state law following the termination of its bus contract. Montauk alleged that the School District improperly rejected its bids, imposed new requirements, and spread false rumors to prevent Montauk from performing the contract, favoring local competitors. The defendants moved to dismiss, arguing lack of subject matter jurisdiction and failure to state a claim. The court dismissed Montauk's federal claims (Contract Clause and Substantive Due Process) for failure to state a claim, finding no legislative action to impair the contract and no protected property interest in the contract's non-termination. Consequently, the court declined to exercise supplemental jurisdiction and dismissed the remaining state law claims and counterclaims.

Contract DisputeSchool Transportation42 U.S.C. § 1983Contract ClauseDue ProcessSubstantive Due ProcessEleventh Amendment ImmunityMotion to DismissSubject Matter JurisdictionGovernment Contracts
References
17
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
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