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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

Brendan Van Voris and Josephine Durkin v. Team Chop Shop, LLC D/B/A Chop Shop MMA Jerry Howell

Brendan Van Voris and his wife, Josephine Durkin, appealed a trial court's summary judgment dismissing their negligence and gross negligence claims against Team Chop Shop, LLC d/b/a Chop Shop MMA and Jerry Howell. The claims arose from an injury Van Voris sustained during an aikido course after signing a pre-injury release. The appellate court affirmed the summary judgment on the negligence claims, finding the release met fair notice requirements. However, it reversed the summary judgment on the gross negligence claims, stating that pre-injury releases for gross negligence are against public policy and that such claims are not legally inseparable from negligence for the purpose of such a release. The case was remanded for further proceedings concerning the gross negligence claims.

pre-injury releasegross negligencenegligencesummary judgmentpublic policyexemplary damagesfair noticeexpress negligence doctrineconspicuousnessmartial arts injury
References
26
Case No. MISSING
Regular Panel Decision
Jul 01, 1999

Spitzer v. Kings Plaza Shopping Center of Flatbush Avenue, Inc.

The plaintiff, Sara Spitzer, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendants Kings Plaza Shopping Center of Flatbush Avenue, Inc., and Germonds Properties Corporation. Spitzer had suffered personal injuries from a slip and fall incident at the shopping center, allegedly due to a maintenance worker. The defendants presented evidence that an independent contractor, not their employees, performed the cleaning services. The court found no intrinsic danger in the cleaning activity and no proof of defendant control over the contractor's work. Consequently, the defendants were not held liable for the independent contractor's alleged negligence, and the order dismissing the complaint against them was affirmed.

Personal InjuryPremises LiabilityIndependent ContractorSummary JudgmentAppellate ReviewNegligenceSlip and FallProperty Owner LiabilityMaintenance ServicesConcurring Opinion
References
2
Case No. MISSING
Regular Panel Decision

Stop & Shop Supermarket Co. v. United Food & Commercial Workers' Union Local 342

Plaintiff Stop & Shop Supermarket Co., LLC ("Stop & Shop") sought a preliminary injunction to prevent Defendant United Food and Commercial Workers’ Union Local 342 ("Local 342" or "the union") from proceeding with an arbitration demand. The arbitration involves Stop & Shop's unilateral implementation of the "LMS system," an electronic system for managing inventory and manpower, which the union alleges violates their collective bargaining agreement (CBA). Stop & Shop argues the arbitration clause in the CBA does not cover the LMS system. The Court asserted jurisdiction under the Labor Management Relations Act. Applying the principles from the "Steelworkers Trilogy," the court found the CBA's arbitration clause to be broad and determined that the union presented colorable arguments that the dispute regarding the LMS system implicates provisions related to "Prior Privileges" and "technological changes" in the CBA, as well as hours and wages. The court concluded that it could not say with "positive assurance" that the arbitration clause is not susceptible to an interpretation that covers the asserted dispute. Consequently, the court denied Stop & Shop's request for a preliminary injunction, allowing the arbitration to proceed.

Labor ArbitrationCollective BargainingPreliminary InjunctionArbitrabilityLabor DisputeLMS SystemUnion RightsEmployer Management RightsFederal CourtStatutory Interpretation
References
11
Case No. 2017-05-0177 / 85136-2016
Regular Panel Decision
Aug 16, 2017

Perry, Jr., Lonnie v. Golf Carts Fore Less

Lonnie Perry, Jr. sustained a right shoulder injury while lifting a golf-cart battery at work for Golf Carts Fore Less. After initial delays and denial by the employer and Accident Fund, Mr. Perry sought treatment with Dr. Russell McKissick, who diagnosed a rotator cuff and biceps tendon tear and causally linked it to the work incident. The court, during an expedited hearing, found Mr. Perry likely to establish causation and ordered Golf Carts Fore Less to provide medical treatment, designating Dr. McKissick as the authorized treating physician. However, Mr. Perry's requests for temporary disability benefits, a penalty, and attorney fees were denied due to a lack of evidence of complete disability and an unresolved dispute regarding his termination for alleged misconduct.

Workers' CompensationShoulder InjuryRotator Cuff TearBiceps Tendon TearMedical BenefitsTemporary Disability BenefitsExpedited HearingCausationEmployer MisconductAttorney Fees
References
5
Case No. MISSING
Regular Panel Decision

Peninsula National Bank v. Allen Carpet Shops, Inc. (In Re Allen Carpet Shops, Inc.)

The creditors' committee moved for reargument and reconsideration of a previous court decision that granted summary judgment in favor of Peninsula National Bank (PNB) against Allen Carpet Shops, Inc., the debtor in a Chapter 11 reorganization. PNB sought administrative priority for various payroll account overdrafts. The court reaffirmed the summary judgment for a $19,545.16 portion of PNB's claim and clarified that a $12,684.17 pre-petition overdraft constituted a general unsecured claim. However, the court identified several unanswered material facts concerning a $37,892.92 portion of PNB's claim, which involved checks drawn pre-petition but honored post-petition. Consequently, the court warranted a rehearing specifically on this disputed portion of the claim, effectively granting the committee's motion for reargument in part.

BankruptcyChapter 11 ReorganizationAdversary ProceedingSummary JudgmentReargument MotionAdministrative Expense PriorityWage PriorityDebtor-in-PossessionOverdraftsCreditors' Committee
References
9
Case No. MISSING
Regular Panel Decision

Briargrove Shopping Center Joint Venture v. Vilar, Inc.

Briargrove Shopping Center, the appellant, initiated a lawsuit against Vilar, Inc., d/b/a Swedish Auto Repair, alleging a breach of lease terms. Vilar, Inc. filed a cross-claim, asserting that Briargrove's construction of a theatre constituted constructive eviction by significantly reducing parking and access areas. A jury found in favor of Vilar, Inc., determining a material breach of lease and constructive eviction. Briargrove Shopping Center appealed, raising seventeen points of error concerning the submission of special issues, contract interpretation, damages, and attorney's fees. The appellate court, after reviewing the evidence, overruled all points of error and affirmed the lower court's judgment.

Lease disputeConstructive evictionMaterial breachCommercial leaseTenant rightsLandlord dutiesJury issuesAppellate reviewDamagesAttorney's fees
References
23
Case No. 2015-07-0147
Regular Panel Decision
Sep 13, 2016

Lawrence, Robert v. STOP N' SHOP

Robert Lawrence filed a Request for Expedited Hearing seeking medical benefits for a right knee injury sustained during his employment at Stop N' Shop. He testified that the injury occurred on May 18, 2015, when a coworker, David, confronted him due to a private dispute involving Lawrence's sister, leading to a fall and knee dislocation. Stop N' Shop did not appear at the hearing. The Court found that while the injury occurred in the course of employment as Lawrence was performing a work duty, it did not 'arise primarily out of employment' because the altercation stemmed from an 'inherently private dispute' rather than a work-related issue. Consequently, the Court denied medical benefits at this stage, emphasizing that the incident lacked the necessary causal connection to the employment, but noted the interlocutory nature of the order allows for further evidence at a final hearing.

Workers' CompensationExpedited HearingMedical BenefitsKnee InjuryWorkplace AssaultPrivate DisputeArising Out of EmploymentCourse of EmploymentPro Se LitigantTennessee Law
References
12
Case No. MISSING
Regular Panel Decision

Raynor v. MOORES MACHINE SHOP, LLC

Joseph Lynn Raynor was electrocuted while welding on the premises of Moores Machine Shop, LLC. His parents, Jimmy Raynor and Ruby Lewis, individually and as representatives of Joseph’s estate, sued Moores for negligence and gross negligence. Moores moved for summary judgment, asserting claims were barred by the Workers’ Compensation Act (arguing Joseph was an employee) or Texas Civil Practice and Remedies Code chapter 95 (arguing Joseph was an independent contractor). The trial court granted summary judgment for Moores. On appeal, the Raynors contended the trial court erred in granting summary judgment. The appellate court found genuine issues of material fact regarding Joseph's employment status, precluding summary judgment under both grounds. The court reversed the summary judgment and remanded the case for further proceedings.

Workers' Compensation ActIndependent ContractorEmployee StatusSummary JudgmentNegligenceGross NegligenceWorkplace FatalityElectrocution AccidentRight of Control TestTexas Law
References
13
Case No. MISSING
Regular Panel Decision
Jan 02, 1990

Abuso v. Mack Trucks, Inc.

Scott P. Abuso, an employee of Tee’s Recycling (a business formed by Mr. T Carting), was injured when he fell from and was hit by a garbage truck owned by Thomas Toscano, a partner in Mr. T Carting. After accepting Workers’ Compensation benefits through Tee’s Recycling, Abuso commenced an action against Joseph Russo (the truck driver and employee of Mr. T Carting) and the Toscano partners (doing business as Mr. T Carting) to recover damages. The defendants moved for summary judgment, arguing that the exclusive remedy provision of Workers’ Compensation Law § 29 (6) precluded recovery. The Supreme Court granted their motion, finding a special employment relationship existed between Abuso and Mr. T Carting. The appellate court affirmed the decision, agreeing that the evidence strongly supported the existence of a special employment relationship, making it a matter of law.

Personal InjurySummary JudgmentSpecial Employment RelationshipExclusive Remedy ProvisionAppellate ReviewGarbage Truck AccidentPartnership LiabilityEmployer ImmunityTort LawJudicial Affirmation
References
6
Case No. 2019 NY Slip Op 05003
Regular Panel Decision
Jun 20, 2019

Reyes v. Bruckner Plaza Shopping Ctr. LLC

Plaintiff Amilcar Reyes fell from a building roof while installing gravel stops and sued under Labor Law § 240 (1). The Appellate Division, First Department, modified the Supreme Court's order. It granted Reyes's motion for partial summary judgment against Bruckner Plaza Shopping Center LLC and Metro Mechanical, LLC, concluding that no safety devices were provided. However, it dismissed the complaint against Ashkenazy Acquisition Corp., the managing agent, finding it lacked supervisory authority over the worksite. The court also affirmed the denial of summary judgment regarding Western Beef Retail, Inc., stating there was an issue of fact as to its status as an 'owner' or 'agent.'

Labor Law 240(1)Construction AccidentSummary JudgmentPremises LiabilityManaging Agent LiabilityOwner LiabilityGeneral Contractor LiabilitySubcontractorFall from HeightSafety Devices
References
10
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