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

Case No. 2017 NY Slip Op 03157
Regular Panel Decision
Apr 26, 2017

Grella v. St. Francis Hospital

Patricia Grella appealed a Supreme Court order that granted summary judgment dismissing her complaint against St. Francis Hospital and Heart Center Federal Credit Union. Grella alleged unlawful age discrimination under the Human Rights Law and retaliation under Labor Law § 215, stemming from her separation from employment in 2011. She contended she was discharged due to her age (50 and replaced by a 25-year-old) and in retaliation for complaining about an inconsistent vacation day policy. The Appellate Division, Second Department, affirmed the lower court's decision. While the court acknowledged triable issues of fact regarding Grella's prima facie age discrimination claim, it ultimately found that the defendants had presented legitimate, non-discriminatory reasons for her termination (aggressive behavior) and that Grella failed to demonstrate these reasons were a pretext for discrimination. Furthermore, her retaliation claim failed as she did not identify a specific provision of the Labor Law that she reasonably believed was violated.

Age DiscriminationRetaliationSummary JudgmentHuman Rights LawLabor LawPrima Facie CasePretextAppellate ReviewEmployment LawDischarge
References
25
Case No. 14-02-01147-CV
Regular Panel Decision
Jul 08, 2004

Moore, Eloise v. Memorial Hermann Hospital System D/B/A Memorial Hermann Southeast Hospital

Eloise Moore, a former food service attendant at Memorial Hermann Hospital System, Inc. (MHHS), appealed a take-nothing jury verdict in a negligence suit. Moore suffered a back injury at work in November 1998, allegedly due to MHHS's negligence in failing to provide a safe workplace, proper tools, and safety training. After being terminated, she sued MHHS. The jury found that MHHS's negligence was not the proximate cause of her injury. On appeal, Moore raised seven issues, including challenges to the admission/exclusion of Social Security Administration (SSA) records, testimony from a vocational expert, her treating physician, and a workplace safety expert, as well as objections to jury instructions. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the evidentiary rulings or jury instructions.

NegligenceWorkplace SafetyProximate CauseEvidentiary RulingsExpert WitnessJury InstructionsAppellate ReviewAbuse of DiscretionTexas LawEmployment Termination
References
12
Case No. MISSING
Regular Panel Decision
Mar 29, 2006

Ochei v. Coler/Goldwater Memorial Hospital

Plaintiff Joan Ochei brought an action against Coler/Goldwater Memorial Hospital and New York City Health and Hospitals Corporation, alleging discrimination based on race and national origin, a hostile work environment, and retaliation, leading to constructive discharge. Ochei, a Licensed Practical Nurse, claimed inadequate training, negative evaluations, and transfer were discriminatory. The defendants moved for summary judgment, arguing Ochei failed to establish a prima facie case. The court granted summary judgment, dismissing the complaint, finding no evidence to support Ochei's claims of discrimination, a hostile work environment, or constructive discharge. Additionally, Coler/Goldwater Memorial Hospital was deemed not a suable entity.

DiscriminationNational Origin DiscriminationRace DiscriminationHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentEmployment LawTitle VIINew York State Human Rights Law
References
47
Case No. MISSING
Regular Panel Decision
Nov 09, 2000

St. Joseph Hospital v. Wolff

This case concerns the vicarious liability of St. Joseph Hospital, a teaching hospital, for the alleged negligence of Dr. Mario Villafani, a resident in its sponsored medical residency program. Stacy Wolff suffered severe brain damage after a tracheostomy performed by Villafani at Brackenridge Hospital. The Wolffs sued St. Joseph, alleging various theories of vicarious liability including employment, joint enterprise, joint venture, "mission," and ratification. The Supreme Court of Texas reversed the court of appeals' judgment, finding insufficient evidence to support the jury's findings on joint enterprise, joint venture, ratification, and "mission" liability. The Court also concluded that Villafani was acting as the borrowed employee of the Central Texas Medical Foundation (Foundation) as a matter of law, meaning St. Joseph was not vicariously liable for his actions.

Vicarious LiabilityJoint EnterpriseJoint VentureRespondeat SuperiorBorrowed EmployeeMedical MalpracticeResidency ProgramTeaching HospitalPhysician NegligenceHospital Liability
References
30
Case No. MISSING
Regular Panel Decision

Elie v. St. Barnabas Hospital

The case involves consolidated appeals where defendant St. Barnabas Hospital challenged the denial of its motions to dismiss complaints filed by plaintiffs. The plaintiffs, incarcerated individuals at Rikers Island Jail, allege negligence and violations of their civil rights under 42 USC § 1983. They claim that St. Barnabas, which contracted with the New York City Health and Hospitals Corporation to provide medical care, implemented institutional policies to discourage costly treatments, leading to negligent care and deliberate indifference to their serious health needs. The appellate court affirmed the denial of St. Barnabas's motions to dismiss, ruling that the complaints adequately state causes of action for negligence and civil rights violations, and that St. Barnabas, as a private healthcare provider, is not entitled to qualified immunity.

Civil Rights42 USC 1983Deliberate IndifferenceInmate Medical CareNegligenceRikers IslandHospital LiabilityMotion to DismissQualified ImmunityEighth Amendment
References
25
Case No. 01-19-00300-CV
Regular Panel Decision
Apr 15, 2021

Michelle Hudson v. Memorial Hospital System

Michelle Hudson sued Memorial Hospital System, Memorial Hermann Health System, ThyssenKrupp Elevator Corporation, and C.B. Richard Ellis, Inc. for personal injuries sustained in a malfunctioning elevator on Memorial Hermann's property. Hudson, an employee of Memorial Hermann (a non-subscriber under the Texas Workers’ Compensation Act), alleged the defendants were negligent and liable under premises liability. The trial court granted summary judgment for the defendants. Hudson appealed, arguing the trial court incorrectly applied premises liability principles instead of ordinary negligence and that genuine issues of material fact existed. The appellate court affirmed, holding that Hudson's claim against Memorial Hermann sounded exclusively in premises liability and she failed to preserve her argument. The court also found Hudson provided insufficient evidence to overcome the no-evidence summary judgment for CBRE and ThyssenKrupp.

Personal InjuryPremises LiabilityOrdinary NegligenceSummary JudgmentElevator AccidentWorkers' Compensation Non-subscriberEmployer DutyProperty Manager LiabilityMaintenance ServicesAppellate Review
References
44
Case No. 09-05-231 CV
Regular Panel Decision
May 25, 2006

Joseph Richards v. American National Property and Casualty Company, Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines and Christus Health Southeast Texas D/B/A Christus St. Elizabeth Hospital

Joseph Richards (Appellant) filed a petition for declaratory relief against American National Property and Casualty Company (ANPAC), Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines, and Christus Health Southeast Texas d/b/a Christus St. Elizabeth Hospital (Appellees). Richards sought a determination regarding the defendants' alleged violation of a settlement release agreement by issuing a separate draft payable to him and St. Elizabeth Hospital. The dispute arose from an automobile accident where Richards incurred medical expenses at St. Elizabeth, and ANPAC issued two checks, one to Richards and his attorney, and another to Richards and St. Elizabeth, after being informed of a hospital lien. The trial court granted summary judgment motions in favor of the defendants, which Richards appealed. The Court of Appeals affirmed the trial court's judgment, finding ANPAC acted reasonably and the hospital lien was valid.

Settlement AgreementHospital Lien LawTexas Property CodeSummary JudgmentDeclaratory ReliefBreach of ContractMotion for ContinuanceMotion for New TrialAutomobile AccidentMedical Expenses
References
14
Case No. 2016 NY Slip Op 08335
Regular Panel Decision
Dec 13, 2016

Irizarry v. St. Barnabas Hospital

In this medical malpractice action, Julia Irizarry, the plaintiff, alleged injury to her left leg due to St. Barnabas Hospital staff members' failure to alert the attending physician, George Piccorelli, M.D., about issues she faced before discharge. The Supreme Court, Bronx County, granted summary judgment to St. Barnabas Hospital and associated defendants, dismissing the complaint. The Appellate Division, First Department, unanimously affirmed this judgment. The court found that St. Barnabas staff, including social workers and physical therapists, were working under Dr. Piccorelli's supervision and were not liable for invading a physician's responsibility. Defendants Adekunle and Solis, residents, also worked under Dr. Piccorelli's supervision and did not exercise independent medical judgment in the discharge decision.

Medical MalpracticeSummary JudgmentHospital NegligencePhysician SupervisionDischarge PlanningAppellate ReviewVicarious LiabilityResidency TrainingStaff ResponsibilityLack of Independent Judgment
References
3
Case No. W2004-00477-COA-R3-CV
Regular Panel Decision
Aug 18, 2005

James Crain, et.al v. Baptist Memorial Hospital

James Crain, an apprentice electrician, sustained severe burns while working on an electrical project for TAM Electric Company, an independent contractor, at Baptist Memorial Hospital. Crain filed a lawsuit against Baptist Memorial Hospital, alleging negligence under a theory of premises liability, claiming the hospital owed him a duty to warn of latent defects or dangerous conditions. The trial court granted summary judgment to Baptist, determining that the work was inherently dangerous and thus, the landowner (Baptist) did not owe a duty of care to the independent contractor's employee. The Court of Appeals affirmed the trial court's decision, emphasizing that the exception to the general duty of a landowner applies when an independent contractor is hired to perform inherently dangerous work, and working with electricity falls into this category.

Premises LiabilityNegligenceIndependent ContractorSummary JudgmentInherently Dangerous WorkDuty of CareElectrical AccidentLandowner LiabilityAppellate ReviewTennessee Law
References
21
Case No. 2-01-159-CV
Regular Panel Decision
Nov 03, 2005

Robert Morrell and Donna Morrell, Individually, AND Mary Angeline Finke, M.D., Obstetrical & Gynecological Associates of Arlington, AND Arlington Memorial Hospital Foundation v. Mary Angeline Finke, M.D., Obstetrical & Gynecological Associates of Arlington, Arlington Memorial Hospital Foundation, Inc. D/B/A Arlington Memorial Hospital, Rose Fenton, R.N.C., Sandy Stephens, R.N., and Marianne Walker, R.N., AND Robert Morrell

Robert and Donna Morrell, individually and as next friends for their daughter Madeline, sued Dr. Finke, her employer, nurses, and a hospital for medical malpractice following Madeline's birth, alleging permanent neurological injuries due to negligence during labor and delivery. A jury awarded damages, but the trial court granted a judgment notwithstanding the verdict (JNOV) on the Morrells' mental anguish and loss of consortium claims. On appeal, the Court of Appeals affirmed the JNOV for the Morrells' mental anguish and loss of consortium claims. The court found legally and factually sufficient evidence for the jury's negligence and causation findings against Dr. Finke and the nurses. However, it modified the judgment to impose several liability on Nurse Rose Fenton and reversed the award of past medical expenses against Nurses Fenton, Stephens, and Walker, deeming those claims barred by the statute of limitations.

Medical MalpracticeBirth InjuryCerebral PalsyHypoxic-Ischemic EncephalopathyForceps DeliveryObstetric NegligenceNursing NegligenceStatute of LimitationsJoint and Several LiabilityExpert Witness Testimony
References
59
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