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

Case No. W2012-01309-COA-R9-CV
Regular Panel Decision
Apr 15, 2013

Andrea Blackwell and Frederick Blackwell, Co-Conservators for the Estate and Person of Robert Blackwell v. Comanche Construction, Inc. and Comanche Construction of Georgia, Inc.

This interlocutory appeal arose from a lawsuit filed by Andrea and Frederick Blackwell, co-conservators for Robert Blackwell, against Comanche Construction, Inc. after Robert sustained debilitating injuries on a job site. Comanche, a subcontractor, argued it was a statutory employer of Blackwell and thus immune from tort liability under the Tennessee Workers' Compensation Act. The trial court denied Comanche's summary judgment motion, finding it was not a statutory employer. The Court of Appeals dismissed the interlocutory appeal, concluding that the threshold issue of whether Ford Construction Company, Blackwell's direct employer, was a subcontractor of Comanche was not addressed by the lower court and was outside the scope of the certified appellate question, thus precluding a decision on the statutory employer issue. The case was therefore remanded for further proceedings consistent with the opinion.

Workers' Compensation LawStatutory EmployerInterlocutory Appeal DismissalRemand OrderSubcontractor DefinitionTort ImmunityCrane Accident LitigationPersonal Injury ClaimsSummary Judgment ReviewAppellate Procedure
References
27
Case No. MISSING
Regular Panel Decision

Walls v. Turner Construction Co.

This case concerns an appeal from an order regarding Labor Law claims against Turner Construction Company and Jordan Construction Company. The original order denied summary judgment to Turner for dismissing plaintiffs' claims under Labor Law § 240 (1) and § 241 (6), granted summary judgment to plaintiffs on their § 240 (1) claim against Turner, and denied Jordan's motion to amend its answer for a recalcitrant worker defense. It also denied Jordan summary judgment for dismissal of Turner's cross claims for contractual indemnification, contribution, and failure to procure insurance, while granting summary judgment to Turner on that cross claim. The appellate court modified the original order by dismissing Turner's cross claim concerning Jordan's failure to obtain insurance, but otherwise affirmed the order. A dissenting opinion argued that Turner, as construction manager, was not the owner's statutory agent for liability under Labor Law §§ 240 (1) and 241 (6) due to limited authority.

Labor LawStatutory AgentConstruction ManagementContractual IndemnificationRecalcitrant Worker DefenseSummary JudgmentCross ClaimsFailure to Procure InsuranceAppellate ReviewWorkplace Safety
References
8
Case No. E2014-00139-COA-R3-CV
Regular Panel Decision
Sep 30, 2014

MSK Construction, Inc. v. Mayse Construction Company

MSK Construction, Inc. (MSK) filed a breach of oral contract action against Mayse Construction Company (Mayse) for failure to pay for equipment and fuel used in a construction project for the City of Athens. Mayse denied liability and filed a counterclaim for negligent misrepresentation, alleging MSK failed to include concrete testing costs in their estimate. Following a bench trial, the trial court found in favor of MSK, awarding damages and prejudgment interest, and denied Mayse's counterclaim. Mayse appealed the decision. The Court of Appeals of Tennessee at Knoxville affirmed the trial court's decision in its entirety, finding a valid oral contract existed and dismissing the negligent misrepresentation claim.

Breach of Oral ContractConstruction DisputeEquipment UsePrejudgment InterestNegligent MisrepresentationSubcontractor AgreementVendor AgreementAppellate ReviewContractual ObligationsDamages
References
28
Case No. 2017 NY Slip Op 05217 [151 AD3d 1050]
Regular Panel Decision
Jun 28, 2017

March Associates Construction, Inc. v. CMC Masonry Construction

This case involves an appeal in a declaratory judgment action concerning indemnification obligations stemming from an underlying wrongful death lawsuit. March Associates Construction, Inc., and other plaintiffs (respondents), sought a declaration that Blue Ridge Construction, Inc., and its insurers (defendants/appellants), were obligated to indemnify them in a wrongful death action and reimburse $300,000 paid in settlement. The wrongful death action arose from a construction accident where an alleged employee of Blue Ridge fell and died. The Supreme Court initially granted summary judgment to the plaintiffs and denied the defendants' cross-motion. On appeal, the Appellate Division modified the order by reversing the grant of summary judgment to the plaintiffs, finding they failed to eliminate triable issues of fact regarding the decedent's employment status. The Court affirmed the denial of the defendants' cross-motion, concluding that a settlement stipulation in the underlying action did not bar the indemnification claims and that the defendants also failed to resolve factual issues concerning the decedent's employment and Blue Ridge's negligence.

Declaratory JudgmentIndemnificationCommon-law IndemnificationSummary JudgmentWrongful DeathConstruction AccidentLabor Law ViolationsInsurance Coverage DisputeEmployee StatusRes Judicata Defense
References
19
Case No. MISSING
Regular Panel Decision

Martinez v. Hays Construction, Inc.

This case concerns an appeal where Luci Martinez, individually and as representative of the estate of Luis Martinez, José Martinez, and Maria Martinez, sued Hays Construction, Inc. for negligent hiring, negligence per se, and vicarious liability following a fatal traffic accident involving Delfino Bello. The accident occurred while Bello was allegedly hauling dirt for Hays Construction. The trial court initially granted summary judgment in favor of Hays Construction on all claims. On appeal, the court reversed the trial court's judgment, determining that Martinez presented sufficient evidence to raise a fact issue regarding Hays Construction's negligent hiring of Bello as an independent contractor. Furthermore, the appellate court found a fact issue existed concerning whether Hays Construction qualified as a 'motor carrier' and 'statutory employer' under the Texas Motor Carrier Safety Regulations, making it potentially vicariously liable for Bello's negligence, and thus remanded the case for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorProximate CauseEmployer LiabilityTraffic AccidentWrongful Death
References
39
Case No. MISSING
Regular Panel Decision

Granite Construction Co. v. Mendoza

Felix Mendoza, Sr. died in an on-the-job accident during his employment with Granite Construction Company. His family, led by Rebecca Mendoza, sought exemplary damages for gross negligence in a workers' compensation death claim. The jury found Granite Construction grossly negligent and the proximate cause of Mendoza's death. On appeal, the court affirmed these findings, upholding the jury's verdict against Granite Construction's challenges to the sufficiency of evidence. However, the appellate court reversed the trial court's award of prejudgment interest on exemplary damages, ruling that neither statutory provisions nor equitable principles supported such an award, given the case's filing date and the non-compensatory nature of exemplary damages. The remainder of the trial court's judgment was affirmed.

Gross NegligenceExemplary DamagesWorkers' CompensationWorkplace AccidentProximate CauseSufficiency of EvidencePrejudgment InterestAppellate CourtTexas LawEmployer Negligence
References
23
Case No. 01-09-00593-CV
Regular Panel Decision
May 12, 2011

Luci Martinez, Individually and as the Personal Representative of the Estate of Luis Martinez and Jose Martinez and Maria Martinez v. Hays Construction

Appellants, the Martinez family, sued Hays Construction, Inc. for negligent hiring and vicarious liability following a fatal traffic accident involving Luis Martinez and a driver working for Hays Construction. The trial court initially granted summary judgment for Hays Construction. On appeal, the Martinez family argued that the trial court erred in its ruling. The appellate court reversed the summary judgment, concluding that genuine issues of material fact existed regarding whether Hays Construction negligently hired Delfino Bello as an independent contractor and whether Hays Construction qualifies as a 'motor carrier' and 'statutory employer' under Texas Motor Carrier Safety Regulations. The case was therefore remanded to the trial court for further proceedings.

Negligent HiringVicarious LiabilityTexas Motor Carrier Safety RegulationsSummary JudgmentAppellate ReviewIndependent ContractorStatutory EmployerTraffic AccidentWrongful DeathRemand
References
40
Case No. 2015 NY Slip Op 01643
Regular Panel Decision
Feb 25, 2015

Quality Building Construction, LLC v. Jagiello Construction Corp.

This case concerns an appeal in a proceeding to confirm an arbitration award and discharge a bond. Jagiello Construction Corp. appealed an order that denied its cross-petition to vacate an arbitration award, which Quality Building Construction, LLC sought to confirm. The Appellate Division, Second Department, affirmed the Supreme Court's order. The Court held that Jagiello failed to meet its "heavy burden" to establish grounds for vacatur under CPLR 7511(b)(1). It found that Jagiello had sufficient notice of the arbitration hearing and was not prejudiced by a scrivener's error in the demand for arbitration that misidentified the claimant.

ArbitrationAward ConfirmationVacaturCPLR Article 75Appellate PracticeDue ProcessNotice RequirementsScrivener's ErrorPublic Policy ExceptionArbitrator Authority
References
9
Case No. MISSING
Regular Panel Decision

O'Sullivan v. IDI Construction Co.

Sean O’Sullivan, a cement and concrete laborer, was injured on October 14, 2000, when he tripped over a pipe at a multistory construction site in Manhattan. The property was owned by 251 East 51st Street Corp., with IDI Construction Company as the general contractor. O'Sullivan's employer, Cosner Construction, was the concrete subcontractor, and Teman Electrical Construction, Inc. was the electrical subcontractor. This document presents a dissenting opinion arguing that while there is no viable claim under Labor Law § 241 (6), questions of fact remain regarding Labor Law § 200 and common-law negligence, which should preclude summary judgment dismissing the plaintiff's cause of action. The dissent highlights that the pipe, which was permanently embedded in the floor and not barricaded or sufficiently visible, could constitute an unsafe condition. It suggests the owner and general contractor might be liable due to their potential input into the pipe's placement and the general contractor's assigned 'site safety manager'. The dissenting judges would reverse the extent of denying summary judgment for the defendant with respect to the Labor Law § 200 claim and reinstate it.

Construction accidentTrip and fallLabor Law § 200Labor Law § 241(6)Common-law negligenceWorkplace safetySummary judgmentGeneral contractor liabilityProperty owner liabilitySubcontractor responsibility
References
9
Case No. M2023-01396-COA-R3-CV
Regular Panel Decision
Jun 12, 2025

MidSouth Construction, LLC v. Daniel Burstiner

This appeal concerns a homeowner's attempt to vacate an arbitration award that arose from a dispute over a construction contract. The trial court confirmed the arbitration award. On appeal, the Court of Appeals affirmed the trial court's decision, finding no statutory grounds to vacate the award based on alleged errors of fact or law. The Court also addressed the construction company's request for attorney's fees, concluding that trial court fees were waived but appellate attorney's fees were warranted based on the contract. The case is remanded to the trial court for a determination of reasonable appellate attorney's fees for the construction company.

Arbitration Award ConfirmationContract EnforcementAttorney's Fees AwardAppellate Review StandardPro Se RepresentationConstruction ContractTennessee LawUniform Arbitration ActWaiver of ArgumentRemand for Fees
References
16
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