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Case Law Database

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

Case No. 03-10-00023-CV
Regular Panel Decision
Aug 19, 2011

the Texas Department of Transportation, and Amadeo Saenz, Jr., in His Official Capacity as Director of Texas Department of Transportation v. Sunset Transportation, Inc. MEL Transport, Inc. D/B/A Magnum Transportation And Sunset Prosper, Inc.

The Texas Department of Transportation (TxDOT) and its executive director appealed a district court order denying their plea to the jurisdiction regarding claims by Sunset Transportation, Inc., MEL Transport, Inc. d/b/a Magnum Transportation, Inc., and Sunset Prosper, Inc. Appellants contended that the claims, brought under the Uniform Declaratory Judgments Act (UDJA) and Administrative Procedure Act (APA), were barred by sovereign immunity. The court found Appellees' APA claims lacked sufficient factual pleading but allowed an opportunity to amend. However, the district court's denial of the plea concerning UDJA claims was affirmed, as some allegations invoked the ultra vires exception to sovereign immunity. The appellate court affirmed the district court's order denying the plea to the jurisdiction.

Sovereign ImmunityDeclaratory JudgmentAdministrative LawMotor Carrier RegulationFederal PreemptionState Agency AuthorityTransportation LawJurisdictionStatutory ConstructionRegulatory Challenge
References
20
Case No. 08-15-00173-CV
Regular Panel Decision
Jan 11, 2019

New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez

The Court of Appeals considered an appeal regarding a judgment from the County Court at Law No. 3 of El Paso County, Texas. The Court affirmed the judgment concerning R.M. Personnel, Inc. It found error in the judgment regarding Sunsets West, Inc., modifying it to reflect a prejudgment interest start date of April 22, 2008, and affirming the judgment as modified. Furthermore, the Court concluded there was error concerning New Hampshire Insurance Company, reversing that part of the judgment and rendering judgment that the company is not entitled to reimbursement from the jury award. New Hampshire Insurance Company was also ordered to apply a credit of $4,066,648.67 against future benefits and resume workers’ compensation payments.

Workers' Compensation AppealJudgment ModificationPrejudgment InterestReimbursement DenialFuture Benefits CreditAppellate Court DecisionTexas LawInsurance Company LiabilityEmployer LiabilityWorkers' Compensation Benefits
References
1
Case No. 08-02-00403-CV
Regular Panel Decision
Mar 18, 2004

Tony Labrado and Sunset Coaches, Inc. v. County of El Paso, Texas and Lulac Project Amistad, Inc.

Sunset Coaches, Inc. and its president Tony Labrado challenged El Paso County's award of two transit service contracts to LULAC Project Amistad, Inc., alleging LULAC was not the lowest responsible bidder. The trial court granted summary judgment for the County and LULAC. On appeal, the court dismissed Sunset's damages claim due to governmental immunity but held that Labrado and Sunset had standing for injunctive and declaratory relief, and the case was not moot. The appellate court reversed the trial court's summary judgment, finding that the County abused its discretion by awarding contracts to LULAC, as LULAC failed to meet the material bid specification of maintaining a well-equipped garage. The case was remanded for further proceedings regarding LULAC's licensing and attorney's fees.

Public ContractsCompetitive BiddingGovernmental ImmunityStandingMootnessDeclaratory ReliefInjunctive ReliefAbuse of DiscretionBid SpecificationsLowest Responsible Bidder
References
46
Case No. No. 373
Regular Panel Decision
Jun 27, 1968

Sunset Brick & Tile, Inc. v. Miles

Plaintiffs Taft E. Miles et al. brought a personal injury suit against Sunset Brick & Tile, Inc. and Daniel V. Leazer after their vehicle collided with the defendants' truck, which was found to be operating without proper lights or reflectors. The jury determined the defendants were negligent, and a judgment was entered in favor of the plaintiffs. The defendants appealed to the Court of Civil Appeals of Texas, Corpus Christi, raising issues concerning the propriety of jury arguments on damages, alleged jury misconduct in calculating awards, and claims of excessive damages. The appellate court affirmed the trial court's judgment, finding no reversible error in the jury arguments or misconduct, and upholding the damage awards as not excessive.

Automobile AccidentPersonal InjuryNegligenceJury InstructionsDamagesAppellate LawTexas JurisprudenceCivil ProcedureEvidentiary IssuesJury Deliberation
References
41
Case No. 04-12-00202-CV
Regular Panel Decision
Nov 07, 2012

John Jurasin v. Dillon Resources, Inc. D/B/A Sunset Transportation, Inc.

John Jurasin, an experienced truck driver for Dillon Resources, Inc. d/b/a Sunset Transportation, Inc., sustained a back injury while removing a wet tarp without handles from a flatbed trailer. He sued Dillon Resources, alleging a breach of duty to provide a safe workplace and necessary equipment. The trial court granted a no-evidence motion for summary judgment in Dillon's favor. The appellate court affirmed, holding that Dillon Resources had no duty to warn Jurasin of an already appreciated hazard, nor was there evidence that tarps with handles were necessary safety equipment or standard in the industry. The court also noted that Jurasin's injury resulted from performing work employees in that position have always done.

Workers' Compensation Non-subscriberEmployer LiabilityDuty to WarnSafe WorkplaceSummary Judgment AppealBack InjuryFlatbed TrailerTarp RemovalNegligence ClaimTexas Labor Law
References
9
Case No. 03-00-00744-CV
Regular Panel Decision
Jun 13, 2002

Texas Department of Transportation, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson v. City of Sunset Valley, Terrance R. Cowan, and Donald Hurwitz

This case involves an inverse condemnation proceeding where the Texas Department of Transportation (TxDOT) and its officials appealed a judgment in favor of the City of Sunset Valley and intervenors Terrance Cowan and Donald Hurwitz. TxDOT challenged the city's standing for inverse condemnation, the exclusion of a settlement agreement, a declaratory judgment on administrative code violations, intervenors' standing for equal protection claims regarding signage, and sovereign immunity for nuisance claims. The appellate court reversed the damage award for inverse condemnation, remanding it to the General Land Office for determination, and denied the declaratory relief for administrative code violations. Furthermore, it reversed the judgment regarding the intervenors' standing for equal protection claims concerning city limit and exit signs. The district court's judgment was affirmed in all other respects, including the nuisance claims regarding floodlights.

Inverse CondemnationSovereign ImmunityDeclaratory JudgmentEqual ProtectionNuisance ClaimAdministrative LawProperty RightsStandingEvidentiary RulingTexas Constitution Article 1 Section 17
References
30
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Texas Department of Transportation v. City of Sunset Valley

This case involves an appeal by the Texas Department of Transportation (TxDOT) against the City of Sunset Valley and intervenors Terrance Cowan and Donald Hurwitz. The dispute originated from TxDOT's destruction of Jones Road during a highway expansion, leading Sunset Valley to construct a substitute road and seek compensation. The district court ruled in favor of Sunset Valley, awarding damages, declaratory judgments, and an injunction. On appeal, the court reversed the damage award related to the substitute road, remanding it for compensation determination by the General Land Office. It also reversed the declaratory judgment concerning TxDOT's administrative code violations, citing a lack of court jurisdiction. However, the appellate court affirmed the district court's decisions regarding the exclusion of evidence, the standing of intervenors on equal protection claims related to signage and floodlights, and the finding of nuisance caused by TxDOT's high mast floodlights, thereby rejecting TxDOT's sovereign immunity defense for the nuisance claim.

Inverse CondemnationProperty RightsSovereign ImmunityDeclaratory JudgmentAdministrative LawEqual ProtectionNuisanceHighway ExpansionUrban PlanningEnvironmental Regulations
References
29
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
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