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

Case No. E2014-01405-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Michael Phillips v. Covenant Health

Plaintiff Michael Phillips sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC, alleging construction negligence and excessive radiation exposure due to missing lead shielding in radiology facilities. Defendants moved for summary judgment, citing the statute of repose, arguing the project was substantially completed in March 2006. The Trial Court granted summary judgment, finding the statute of repose applied and no exceptions for fraud were adequately pleaded, a decision the Court of Appeals affirmed. The appellate court held that substantial completion occurs when a project can be used for its intended purpose, even with defects, thus the statute of repose had expired before the lawsuit was filed in January 2014. Additionally, the Trial Court's denial of Plaintiff's motion to amend and its limitation of discovery were upheld, as they did not constitute an abuse of discretion.

Construction negligenceStatute of reposeSubstantial completionRadiation exposureSummary judgmentAppellate reviewAbuse of discretionDiscovery limitationsFraudulent concealmentDefective construction
References
29
Case No. E2014-01408-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Mary Ridenour v. Covenant Health

This appeal concerns a construction negligence case where Mary Ridenour and Jacob Ross Ridenour (Plaintiffs) sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC (Defendants) for damages from excessive radiation exposure. Plaintiffs alleged that the absence of lead shielding in radiology facilities at Methodist Hospital caused the exposure. The Circuit Court for Anderson County granted summary judgment to the Defendants, citing the construction statute of repose, Tenn. Code Ann. § 28-3-202, as a complete defense. The Trial Court found that the project was substantially complete by March 23, 2006, and the lawsuit, filed in January 2014, was outside the four-year statute of repose. The Court of Appeals affirmed the Trial Court's decision, holding that substantial completion is met when a project can be used for its intended purpose, regardless of defects, and that no exceptions to the statute of repose (such as fraud or wrongful concealment) were adequately pleaded. The Court also affirmed the denial of Plaintiffs' motion to amend to add Methodist Medical Center of Oak Ridge (MMC) as a party and the limitation of discovery.

Construction NegligenceStatute of ReposeSummary JudgmentSubstantial CompletionAppellate ReviewRadiation ExposureMedical Facility LiabilityFraudulent ConcealmentMotion to AmendDiscovery Abuse
References
30
Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. MISSING
Regular Panel Decision

Tenet Hospitals Ltd. v. Rivera ex rel. M.R.

This case addresses the constitutionality of the statute of repose within the Medical Liability Act, which mandates that medical malpractice claims must be filed within ten years of the medical treatment. Elizabeth Rivera, on behalf of her daughter M.R., challenged this statute after her 2011 lawsuit, stemming from alleged negligence during M.R.'s 1996 birth, was barred by the 2003 repose statute. Rivera contended that the statute violated the open courts and retroactivity provisions of the Texas Constitution. The Supreme Court of Texas reversed the court of appeals' judgment, ruling that Rivera's lack of diligence in filing the suit, despite her awareness of the claim and sending pre-suit notice, rendered her open courts challenge unsuccessful. Additionally, the Court determined that the retroactivity challenge failed due to the compelling public purpose of the Medical Liability Act and the three-year grace period provided for filing claims.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityMinorsLegal DisabilityDue DiligenceHealth Care Liability ClaimSummary JudgmentTexas Constitution
References
26
Case No. E2014-01399-COA-R3-CV
Regular Panel Decision
Jun 09, 2015

Connie Raby v. Covenant Health

Connie Raby sued Covenant Health, Rentenbach Engineering Company, and TEG Architects, LLC, alleging negligence due to excessive radiation exposure from unshielded radiology facilities at Methodist Hospital. Defendants sought summary judgment based on the construction statute of repose, arguing the project was substantially complete by March 23, 2006, and the statute had expired. The Trial Court granted summary judgment, a decision which Connie Raby appealed. The Court of Appeals affirmed, ruling that the facilities were substantially complete as intended, regardless of defects, and the statute of repose applied, thereby defeating Raby's claims. The appellate court also found no abuse of discretion in denying Raby's motion to add Methodist Medical Center as a party or in limiting discovery.

Construction NegligenceStatute of ReposeSummary JudgmentSubstantial CompletionRadiation ExposureAppellate ReviewTrial Court DiscretionMedical Facilities ConstructionTort LawDesign Defect
References
35
Case No. MISSING
Regular Panel Decision

Reames v. Hawthorne-Seving, Inc.

Roger Reames and his family appealed a summary judgment granted in favor of Hawthorne-Seving, Inc. and Grubb Construction, Inc. in a personal injury lawsuit. Reames was injured on a conveyor belt at his workplace, Marazzi USA, Inc., more than ten years after its installation. The defendants invoked a statute of repose, Section 16.009 of the Texas Civil Practice and Remedies Code, which limits liability for construction defects to ten years after substantial completion. The Reameses argued the conveyor was not an "improvement" to real property and that the defendants did not "construct" it, or alternatively, that the statute was unconstitutional. The court affirmed the trial court's judgment, ruling that the conveyor was a constructive improvement to realty and Hawthorne-Seving, as the general contractor, was considered to have constructed it. The court also found Grubb Construction, Inc. was either not involved in the installation or was protected by the statute of repose.

Statute of ReposePersonal InjurySummary JudgmentConveyor Belt InjuryConstruction DefectReal Property ImprovementProducts LiabilityNegligenceTexas Civil Practice and Remedies CodeConstitutional Law
References
12
Case No. 97 Civ 00731
Regular Panel Decision

Tanges v. Heidelberg North America, Inc.

This case involves a products liability lawsuit filed by Tanges, a New York resident, against Heidelberg et al. in the Federal District Court for the Southern District of New York, after sustaining serious injuries from a printing press bought by his employer, Danbury Printing and Litho, Inc., in Connecticut. Danbury Printing intervened as a plaintiff seeking recovery for workers’ compensation payments. The central issue, certified by the Second Circuit to the New York Court of Appeals, is whether Connecticut General Statutes § 52-577a, which includes a 10-year statute of repose, bars Tanges’s claim. The New York Court of Appeals determined that § 52-577a is part of Connecticut's substantive law under New York's choice of law principles because it prevents a cause of action from ever arising after the repose period. Consequently, the Court held that the Connecticut statute applies and bars Tanges’s claim, answering the certified question in the affirmative.

Products LiabilityStatute of ReposeStatute of LimitationsChoice of LawConnecticut General StatutesCPLRSubstantive LawProcedural LawCertified QuestionConflict of Laws
References
13
Case No. MISSING
Regular Panel Decision

Davidson v. Lewis Bros. Bakery

Charles Wayne Davidson injured his shoulder in 2001 while working for Lewis Brothers Bakery and filed a workers' compensation claim, also naming the Second Injury Fund. After a voluntary non-suit in 2004, Davidson refiled the claim later that year, after the one-year statute of limitations had run. The Fund argued that the "savings statute" (Tennessee Code Annotated section 28-1-105(a)) did not apply to claims against it due to sovereign immunity. The Supreme Court of Tennessee agreed, holding that the savings statute does not waive the Fund's sovereign immunity and thus does not "save" claims against it after the statute of limitations has expired. The court modified the trial court's order, dismissing the Second Injury Fund and removing its liability for benefits and costs.

Workers' CompensationSecond Injury FundSovereign ImmunitySavings StatuteStatute of LimitationsVoluntary Non-SuitTennessee LawAppellate ReviewPermanent Total DisabilityWorkplace Injury
References
10
Case No. MISSING
Regular Panel Decision

Pochucha v. Galbraith Engineering Consultants, Inc.

The Pochuchas purchased a home in 2003 with a defective french drain system installed in 1995. They initially sued the builder, Bill Cox, in 2005. Bill Cox then designated Galbraith Engineering Consultants, Inc., the system designer, as a responsible third party. The Pochuchas subsequently joined Galbraith as a defendant. Galbraith moved for summary judgment, arguing a ten-year statute of repose barred the claim. The trial court granted summary judgment, but the appellate court reversed, holding that Civil Practice and Remedies Code section 33.004(e) provides a sixty-day extension for joining responsible third parties, which applies to statutes of repose.

Statute of ReposeStatute of LimitationsSummary JudgmentResponsible Third PartyConstruction DefectsReal PropertyCivil Practice and Remedies CodeAppellate ReviewStatutory InterpretationJoinder of Parties
References
3
Case No. MISSING
Regular Panel Decision

Kubbernus v. ECAL Partners, Ltd.

Appellants Robert Kubbernus and Balaton Group, Inc. challenged a trial court's judgment favoring appellees, a large group of investors, on claims of securities violations under the Texas Securities Act (TSA), breach of contract, breach of fiduciary duty, and fraud. Appellants contested the sufficiency of evidence for securities violations and attorney's fees, argued certain appellees lacked standing, and claimed some demands were barred by the statute of repose. The court affirmed the judgment, holding that the TSA applied extraterritorially to transactions emanating from Texas, the statute of repose defense was waived, and the evidence supported findings of material misrepresentations and omissions without requiring proof of loss causation. The court also upheld the award of attorney's fees.

Securities ViolationsTexas Securities ActFraudBreach of ContractBreach of Fiduciary DutyInvestment FraudCorporate GovernanceBankruptcyStatute of ReposeExtraterritorial Application
References
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