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Case Law Database

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

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. 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. MISSING
Regular Panel Decision
May 05, 1994

Mackey v. Beacon City School District

Raymond J. McGowan appealed an order and judgment from the Supreme Court, Dutchess County. The appeal concerned a personal injury action where the plaintiff was injured due to a ladder collapse while painting for the Beacon City School District. The plaintiff's motion for partial summary judgment on liability against the school district and Beesmer Construction Company was granted under Labor Law § 240 (1). Additionally, the defendants' motion for summary judgment on indemnification against McGowan, the plaintiff's employer and subcontractor, was also granted. The appellate court affirmed the order and judgment, upholding the liability against the defendants and the indemnification against McGowan, citing that a general contractor is entitled to common-law indemnification from a subcontractor whose sole negligence caused the worker's injuries.

Personal InjuryLadder CollapseLabor Law § 240 (1)IndemnificationSummary JudgmentAppellate ReviewNegligenceSubcontractorGeneral ContractorVicarious Liability
References
6
Case No. M2017-02492-COA-R3-CV
Regular Panel Decision
Jun 28, 2018

LaSonya Robertson v. Clarksville-Montgomery County School System

This slip-and-fall case involves LaSonya Robertson, a middle school teacher, who sued the Clarksville-Montgomery County School System after falling on a wet floor. She alleged negligence by custodians who inadequately placed wet-floor signs. The trial court initially found the school district 75% negligent and Ms. Robertson 25% at fault, awarding her $180,000. On appeal, the Court of Appeals affirmed the finding of the school district's negligence and denial of immunity under the Tennessee Governmental Tort Liability Act. However, the appellate court reversed the allocation of comparative fault to Ms. Robertson, determining the school district was 100% at fault, and remanded the case for further proceedings consistent with its opinion.

Slip-and-fallPremises liabilityGovernmental tort liabilityComparative faultNegligenceWet floorSchool districtTeacher injuryAppellate reviewOperational decision
References
17
Case No. 574 F.3d 24
Regular Panel Decision

Zakrzewska v. NEW SCHOOL

Dominika Zakrzewska filed a diversity suit against KwangWen Pan and The New School, alleging sexual harassment and retaliation under the New York City Human Rights Law (NYCHRL). The United States District Court for the Southern District of New York initially considered the employer's liability, assuming the Faragher-Ellerth defense might apply. The District Court then found the Faragher-Ellerth defense inconsistent with the plain language of NYCHRL 8-107 (13) (b), which appears to impose vicarious liability on employers for discriminatory acts of managers or supervisors regardless of the employer's knowledge or corrective actions. The District Court certified an interlocutory appeal to the Second Circuit regarding the applicability of the Faragher-Ellerth defense under the NYCHRL. The Second Circuit, in turn, certified this question to the New York Court of Appeals. The New York Court of Appeals, affirming the District Court's textual interpretation, concluded that the Faragher-Ellerth defense does not apply to sexual harassment and retaliation claims under NYCHRL 8-107 because the local law imposes strict liability for acts of managers and supervisors and provides for mitigation of penalties rather than a complete defense.

Sexual HarassmentRetaliationEmployer LiabilityVicarious LiabilityFaragher-Ellerth DefenseNew York City Human Rights Law (NYCHRL)New York Administrative CodeStatutory InterpretationSummary JudgmentCertified Question
References
13
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
Case No. MISSING
Regular Panel Decision

Lennon v. Cornwall Central School District

This case involves a dissent concerning a negligent supervision lawsuit. In 2010, two sixth-grade students, Caitlin Lennon and Cara D. Dimedio, were allegedly injured when 11-year-old Ryan Arzu collided with them during a school field trip to the Bronx Zoo. Their parents, Sharon Lennon and Christopher Dimedio, sued the Cornwall Central School District and chaperone Daisy Melendez. The School District moved for summary judgment, arguing they lacked specific knowledge of Ryan's prior dangerous conduct and the incident was an unforeseeable impulsive act. The Supreme Court denied this motion, but P.J. Eng dissents, asserting that the School District met its burden to demonstrate no liability and the motion for summary judgment should have been granted.

Negligent supervisionSchool liabilitySummary judgmentField trip injuryStudent collisionProximate causeNotice of dangerous conductImpulsive actBronx ZooAppellate dissent
References
10
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. MISSING
Regular Panel Decision

Gaston v. Great Neck Union Free School District

Luis Gaston, an employee of Bay Welding, Inc., was injured while working at a school owned by Great Neck Union Free School District. Gaston initiated a negligence action against the School District, which subsequently filed a third-party complaint against Bay Welding, Inc., seeking indemnification for allegedly failing to procure general liability insurance as per their contract. The Supreme Court granted partial summary judgment to the School District, finding Bay Welding, Inc., had not provided proof of the required insurance. However, the Appellate Division reversed this decision, ruling that the contract regarding insurance coverage was ambiguous and necessitated a trial to determine the parties' intent.

Personal InjuryNegligenceContract DisputeIndemnificationSummary JudgmentAppellate ReviewInsurance CoverageContract AmbiguityThird-Party Action
References
0
Case No. 16 NY3d 707
Regular Panel Decision
Jan 01, 2011

Mount Vernon City School District v. Nova Casualty Co.

Mount Vernon City School District (School District) initiated a breach of contract action against Nova Casualty Company (Nova), a compensated surety, and DJH Mechanical Associates, Inc. (DJH), the contractor, for failure to complete HVAC work. DJH defaulted, and Nova disclaimed liability, asserting that the School District improperly diverted $214,000 of contract funds to the Department of Labor for an unrelated debt of DJH, violating the Lien Law and increasing Nova's risk under the performance bond. The lower courts and the Court of Appeals affirmed that Nova was not discharged from its surety obligation because it had not completed performance and thus lacked subrogation rights as a Lien Law trust beneficiary. Furthermore, the payment to DOL, representing earned funds for DJH's past performance, did not materially alter the contract or impair Nova's risk. The School District's request for litigation attorneys' fees was denied, as the contract and bond language did not "unmistakably clearly" obligate Nova for such costs, only for those related to project completion.

Performance bondSurety dischargeBreach of contractLien Law Article 3-ATrust fund diversionContract paymentsAttorneys' fees litigationSubrogation rightsMaterial alteration of contractCompensated surety
References
15
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