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Case Law Database

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

Case No. 14-01-01143-CR and 14-01-01144-CR (Trial Court Cause Nos. 862,982 and 827,178)
Regular Panel Decision
Jan 09, 2003

Edwards, Michael Jerome v. State

Appellant Michael Jerome Edwards was convicted of improper sexual activity with a person in custody and sexual assault. He was sentenced to two years for the first offense and ten years for sexual assault. The offenses occurred during a transport from Corpus Christi to Houston, where Edwards, a transportation agent, sexually assaulted the complainant. On appeal, Edwards challenged the sufficiency of evidence regarding venue in Harris County and his employee status with the Harris County Jail, as well as the use of force in the sexual assault. The court affirmed the trial court's judgment, finding sufficient evidence for all points and overruling the appellant's points of error.

Sexual AssaultImproper Sexual ActivityPerson in CustodyVenue DisputeEmployee StatusAgency LawPhysical ForceThreatened ForceJury ArgumentAppellate Review
References
32
Case No. MISSING
Regular Panel Decision
Apr 28, 2008

People v. Beauharnois

This case is an appeal from a judgment convicting the defendant of sexual abuse, course of sexual conduct, predatory sexual assault, predatory sexual assault against a child, and endangering the welfare of a child. The conviction stemmed from a victim's testimony detailing years of sexual abuse by the defendant, corroborated by a pediatrician's expert medical testimony. On appeal, the defendant challenged the verdict's weight of evidence and argued that the course of sexual conduct conviction was a lesser included offense of predatory sexual assault. The appellate court affirmed the jury's credibility findings and the medical evidence. It modified the judgment by dismissing the conviction for course of sexual conduct as a lesser included offense, but upheld the conviction for endangering the welfare of a child and the sentences imposed.

Sexual abusePredatory sexual assaultChild endangermentLesser included offenseAppellate reviewVictim credibilityExpert medical testimonyCriminal convictionSentencingJudicial discretion
References
24
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. 01-23-00383-CV
Regular Panel Decision
Apr 09, 2024

Delirium TV LLC v. Tran Dang

Delirium TV, LLC appealed the trial court's denial of its motion to compel arbitration against Tran Dang. Tran Dang, a participant in the reality TV show "Love Is Blind," alleged sexual assault by a fellow participant and subsequently sued Delirium TV, LLC for civil assault, false imprisonment, and negligence. Delirium sought to enforce an arbitration agreement, but Dang argued her claims were exempt under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). The appellate court affirmed the trial court's decision, ruling that Dang's allegations constituted a "sexual assault dispute" under the EFAA, rendering the predispute arbitration agreement invalid for these claims. The Court also rejected arguments that Dang waived her right to contest arbitration by pursuing separate wage claims in arbitration and affirmed the denial of Delirium's motion to stay the litigation.

Sexual AssaultArbitration AgreementEFAAEnding Forced Arbitration of Sexual Assault and Sexual Harassment ActMotion to Compel ArbitrationInterlocutory AppealVicarious LiabilityRespondeat SuperiorTexas Court of AppealsLove Is Blind
References
42
Case No. 2013-74668
Regular Panel Decision
Feb 20, 2015

in Re Solid Software Solutions, Inc., D/B/A Edible Software

Andrea Farmer, an employee of Solid Software Solutions, Inc. d/b/a Edible Software, filed a lawsuit against her employer and Henri Morris (President and CEO) alleging sexual assault and invasion of privacy. Ms. Farmer claims Morris drugged her during business trips, rendering her unconscious, and then sexually assaulted her and took nude photographs without her consent. The defendants filed a Motion to Dismiss or for Summary Judgment, arguing that the claims are time-barred under a two-year limitations period and are preempted by the Texas Commission on Human Rights Act (TCHRA), which addresses workplace discrimination. Ms. Farmer argues that her claims are not workplace discrimination but intentional sexual assaults, governed by a five-year statute of limitations for sexual abuse or, alternatively, that the limitations period was tolled due to fraudulent concealment. She also asserts that the TCHRA is inapplicable and that, if Texas law is not applied, the laws of the states where the attacks occurred support her claims for assault/battery.

Sexual AssaultInvasion of PrivacyStatute of LimitationsFraudulent ConcealmentTexas Civil Practice and Remedies CodeTexas Labor CodeWorkplace DiscriminationEmployee LitigationTort LawSexual Abuse
References
234
Case No. NO. 14-17-00162-CV
Regular Panel Decision
Nov 20, 2018

Gerardo Solis, Osmin Turcios, Chipotle Mexican Grill of Colorado, LLC, and Chipotle Mexican Grill, Inc. v. S. V.Z., Individually and as Next Friend of A.Z., Her Minor Child

This civil case involves the statutory rape of a 16-year-old by her 26-year-old supervisor at Chipotle Mexican Grill, leading to a lawsuit filed by the victim's mother against the supervisor, a manager, and the restaurant. The mother asserted claims for sexual assault, aiding and abetting, and sexual harassment. The jury returned a verdict in favor of the victim, but the judgment was appealed. The appellate court reversed and remanded the sexual assault claim against the supervisor and the sexual harassment claim against Chipotle for a new trial due to an erroneous jury instruction. It also rendered judgment that the plaintiff take nothing on the sexual assault claim against Chipotle, which was preempted by TCHRA, and the aiding and abetting claim against the manager, as that cause of action is not recognized under Texas common law.

Sexual AssaultStatutory RapeSexual HarassmentHostile Work EnvironmentAge of ConsentActual DamagesCompensatory DamagesJury Instruction ErrorRemand for New TrialPreemption
References
53
Case No. MISSING
Regular Panel Decision

Arredondo v. Estrada

Plaintiffs, Ricardo Arredondo, Jr., Richard Rabino, and Mario Torrez, all former employees of Weatherford International, LLC, filed suit for damages arising out of abusive treatment and sexual harassment by their supervisor, Joey Estrada. The abuse included physical assaults, referred to as “nubbings,” and demeaning vulgarities. Plaintiffs brought federal claims under Title VII of the Civil Rights Act of 1964 for discrimination based upon sex, sexual harassment, hostile work environment, constructive discharge, and retaliation, as well as state law claims for assault, intentional infliction of emotional distress, and negligent hiring, supervision, training, and retention against Weatherford. The Court granted Weatherford’s motion for summary judgment on the Title VII retaliation claims, intentional infliction of emotional distress claims, and negligent hiring, supervision, training, and retention claims. The Court denied summary judgment on Plaintiffs’ Title VII sex discrimination (including sexual harassment, hostile work environment, and constructive discharge) and assault claims, ordering them to proceed to trial. The decision addressed issues of administrative remedies exhaustion, the “continuing violation” theory for limitations, proof of sex discrimination in same-sex harassment cases (including gender stereotyping), the severity and pervasiveness of the conduct, Weatherford’s Ellerth/Faragher affirmative defense, constructive discharge, and employer liability for assault (including course and scope and ratification theories), as well as the application of the Texas Workers’ Compensation Act’s exclusive remedy bar.

Sexual HarassmentHostile Work EnvironmentTitle VIISummary JudgmentEmployment DiscriminationAssault and BatteryRetaliation ClaimConstructive DischargeEmployer LiabilityWorkers' Compensation Act
References
34
Case No. 2021 NY Slip Op 01369 [194 AD3d 92]
Regular Panel Decision
Mar 09, 2021

Sagaille v. Carrega

This case addresses whether a sexual assault victim can face a defamation lawsuit based solely on her report to the police. The lower court had found that such reports were presumptively malicious, a ruling that the Appellate Division, First Department, reversed. The Appellate Division stated there is no legal basis to infer actual malice simply from the nature of sexual assault accusations. The court emphasized that such a presumption would undermine the qualified privilege protecting victims and deter them from reporting sexual assaults. Consequently, the court granted the motion to dismiss the defamation and libel per se claims against the defendant, Christina Carrega, dismissing the complaint in its entirety.

DefamationSexual AssaultQualified PrivilegeActual MalicePolice ReportsVictim RightsAppellate ReviewDismissal of ComplaintFirst DepartmentJudiciary Law
References
7
Case No. MISSING
Regular Panel Decision

Rodriguez v. McClenning

Israel Rodriguez, an inmate at Green Haven Correctional Facility, sued corrections officer Daniel McClenning under 42 U.S.C. § 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. Rodriguez claimed McClenning sexually assaulted him during a pat-frisk and retaliated against him for filing a grievance. McClenning moved for summary judgment, arguing the sexual assault claim lacked constitutional merit or was protected by qualified immunity, and that the retaliation claim lacked evidence of improper motive. The court denied McClenning's motion, concluding that sexual assault of an inmate by a prison officer violates contemporary Eighth Amendment standards and that qualified immunity does not apply to such conduct. Additionally, the court found sufficient circumstantial evidence of retaliatory motive regarding the misbehavior report to deny summary judgment on the retaliation claim.

Prisoner RightsEighth AmendmentCruel and Unusual PunishmentSexual AssaultQualified ImmunityFirst AmendmentFourteenth AmendmentRetaliationCorrectional FacilitySummary Judgment
References
54
Case No. MISSING
Regular Panel Decision

Beck v. State

Plaintiff, Carolyn Beck, a driver's license examiner for the State of Tennessee, was sexually assaulted at her workplace in Knoxville in August 1987. Although she initially completed her shift, her anxiety worsened, leading to a diagnosis of post-traumatic stress disorder, which a psychiatrist linked to the assault aggravating a prior trauma. The employer, the State of Tennessee, appealed the Claims Commission's award of benefits, arguing the assault was not a compensable 'injury by accident' and did not arise out of employment. The Supreme Court affirmed the Claims Commission's judgment, holding that the sexual assault constituted an acute, sudden, and unexpected emotional stress, making it a compensable accidental injury, and that it arose out of employment due to the plaintiff's indiscriminate exposure to the public as a condition of her work.

Mental Health ClaimsWorkplace InjurySexual AssaultPost-Traumatic Stress DisorderDisability BenefitsEmployment LawLegal PrecedentAppellate ReviewTennessee Supreme CourtCompensable Accident
References
12
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