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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Report of the Special Grand Jury

This case involves five appeals challenging the procedures and evidence supporting a Special Grand Jury's reports, which recommended discipline or removal for employees of the Monroe County Department of Social Services. The Grand Jury was empanelled in 1978 to investigate the department's handling of child abuse cases. Although the County Court accepted the reports for filing, it sealed them pending appeal and later affirmed its decision. The appellate court, however, found significant procedural irregularities, including inadequate jury instructions and improper subcommittee formation, and determined that the evidence was insufficient to substantiate the misconduct charges against the appellants. Consequently, the County Court's orders were reversed, and the Grand Jury reports were ordered to be sealed.

Grand Jury ReportChild Abuse InvestigationMonroe County Department of Social ServicesPublic Servants MisconductProcedural IrregularitiesSufficiency of EvidenceGrand Jury InstructionsSealing ReportsCriminal Procedure LawAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Anzaldua v. American Guarantee & Liability Insurance Co.

This worker's compensation case involves an appeal by Esther Anzaldua against American Guarantee & Liability Insurance Company, the compensation carrier. Anzaldua was injured on the job and sued after rejecting an award from the Texas Industrial Accident Board. A jury awarded her damages for partial incapacity and medical expenses, but Anzaldua appealed, alleging the medical award was insufficient, that certain medical reports were improperly admitted due to hearsay, and that a supplemental jury charge was coercive. The court affirmed the lower court's judgment, finding the jury's verdict supported by evidence, the medical reports properly admitted, and the supplemental charge not coercive.

Workers' CompensationMedical ExpensesJury VerdictEvidence AdmissibilitySupplemental Jury ChargeCoercionIncapacityAppealTexas LawInsurance
References
7
Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
Case No. MISSING
Regular Panel Decision

Piotrowski v. McGuire Manor, Inc.

Whalen, J., in this dissenting opinion, argues against the majority's decision to reverse a judgment and order a new trial. The dissent contends that the defendant failed to preserve its objection to the jury charge concerning sole proximate cause, specifically regarding the recalcitrant worker defense or an expanded sole proximate cause instruction. Whalen emphasizes that discussions about the verdict sheet do not preserve objections to jury instructions, citing CPLR 4110-b and established case law. Furthermore, the dissenting judge asserts that the jury charge provided (PJI 2:217) was adequate for the sole proximate cause defense and allowed the jury to consider whether the plaintiff's actions were the only substantial factor in causing the injury. The jury's subsequent apportionment of 60% responsibility to the plaintiff also indicated that they did not find the plaintiff to be the sole proximate cause of the accident. Therefore, Whalen would affirm the original judgment, concluding that the issue of the jury charge was not preserved for review.

Jury ChargeSole Proximate CauseRecalcitrant WorkerCPLR 4110-bAppellate ReviewPreservation of ErrorVerdict SheetEvidentiary RulingLabor LawDissenting Opinion
References
11
Case No. MISSING
Regular Panel Decision

Rodriguez v. State

This is an appeal from jury convictions for two counts of engaging in organized criminal activity, specifically bribery and aggravated theft. The Appellant, Albert Rodriguez, owner of Lamco, was found guilty of orchestrating a kickback scheme involving fraudulent invoices with the El Paso Independent School District (EPISD) and bribing EPISD employees. The appellate court affirmed the conviction, addressing numerous legal issues raised by Rodriguez, including the sufficiency of accomplice witness testimony, the denial of severance for the criminal counts, issues with subpoenas, indictment defects, jury charge instructions, and the admissibility of evidence summaries. The court found no reversible error in the trial court's proceedings.

Criminal appealOrganized crimeBriberyAggravated theftFraudKickbacksAccomplice testimonySufficiency of evidenceJury chargeTrial procedure
References
91
Case No. MISSING
Regular Panel Decision

Rozewicz v. New York City Health & Hospitals Corp.

This opinion addresses a complex medical malpractice case involving the death of Mrs. Rosewicz, a Jehovah's Witness, who refused blood transfusions due to religious beliefs. Justice Lehner explores three categories of relevant legal precedents: government benefit denials for religious refusal of treatment, tortfeasor liability and mitigation of damages, and malpractice claims where a patient refused life-saving treatment on religious grounds. The court declines to charge the jury on mitigation of damages, deeming it inappropriate for this specific case. Instead, the judge rules that the jury will be instructed on the principles of assumption of risk and comparative fault, allowing for the apportionment of liability between the defendant's alleged negligence and the decedent's refusal of blood transfusions, consistent with decisions in Shorter v Drury and Corlett v Caserta.

Medical MalpracticeReligious FreedomBlood Transfusion RefusalJehovah's WitnessAssumption of RiskComparative FaultMitigation of DamagesWrongful DeathJury InstructionsNegligence
References
12
Case No. CA 13-00856
Regular Panel Decision
May 02, 2014

PIOTROWSKI, RICHARD v. MCGUIRE MANOR, INC.

Plaintiff Richard Piotrowski sued McGuire Manor, Inc. under Labor Law and common-law negligence after sustaining injuries from a fall off a wobbly ladder. A jury initially found in favor of the plaintiff and awarded damages. On appeal, the Appellate Division, Fourth Judicial Department, reversed the judgment and granted a new trial. The court determined that the trial court committed a reversible error by failing to give an expanded sole proximate cause charge to the jury, thereby prejudicing a substantial right of the defendant. Dissenting justices argued that the issue regarding the jury charge was not properly preserved for review or that the charge provided was sufficient.

Labor LawSole Proximate CauseJury ChargeAppellate ReviewNegligenceLadder AccidentReversalNew TrialPreservation of ErrorCPLR
References
29
Case No. MISSING
Regular Panel Decision
Apr 11, 1986

Rivera v. Feinstein

Plaintiffs Manuel Rivera, Idalia Gonzalez, and members of Local 2H sought a preliminary injunction to prevent a disciplinary hearing against Gonzalez and to secure office access for Rivera, arguing violations of LMRDA free expression rights. They also moved for leave to file a supplemental complaint. The court denied the preliminary injunction, finding no irreparable harm and noting that internal union remedies should be exhausted, particularly as charges against Gonzalez were partially withdrawn and an explanation could resolve the dispute. Rivera's office access was deemed an arbitration issue. However, the court granted leave to file the supplemental complaint, finding no undue delay or prejudice to the defendants.

Union DisputeLabor RightsPreliminary InjunctionLMRDAFree SpeechIntra-union ConflictDisciplinary HearingSupplemental ComplaintExhaustion of RemediesArbitration
References
15
Case No. MISSING
Regular Panel Decision

Ellis v. State

Appellant pleaded guilty to drug delivery and was sentenced to ten years' incarceration. On direct appeal, appellant alleged errors in probation law information during the trial and jury charge, which were unobjected to, leading to a claim of ineffective assistance of counsel. The Austin Court of Appeals affirmed the conviction. This court granted discretionary review, finding significant errors in the jury charge regarding probation conditions, specifically omissions of possible conditions and an incorrect limitation on the judge's discretion. These errors were exacerbated by conflicting testimony from the Chief Probation Officer and misleading arguments by both attorneys. Given the appellant's strong candidacy for probation, the erroneous information in the jury charge and during trial denied him a fair trial. Consequently, the judgment of the Court of Appeals was reversed, and the cause was remanded for a new trial.

Probation ConditionsJury Charge ErrorsIneffective Assistance of CounselDiscretionary ReviewCriminal ProcedureFair TrialSentencingDrug OffenseTexas Criminal LawAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Dallas Ry. & Terminal Co. v. Horton

M. C. Horton sued Dallas Railway & Terminal Company to recover damages for personal injuries to his wife, Mrs. Adeline Horton, sustained when her coat was caught while alighting from a street car, causing her to be thrown and dragged. The jury found the defendant negligent and awarded Horton $3,000. The Dallas Railway & Terminal Company appealed the judgment, raising three main issues: alleged double recovery allowed by the jury charge on damages, juror misconduct during deliberations, and alleged coercion of the jury by the trial court. The appellate court affirmed the trial court's judgment, finding no error in the jury charge, upholding the trial court's discretion regarding juror misconduct, and concluding that the court's instructions to the jury regarding conflicting answers were not coercive.

Personal InjuryStreet Car AccidentNegligenceDamagesJury MisconductCoercionAppellate ReviewTrial Court DiscretionCivil ProcedureLoss of Earning Capacity
References
15
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