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

Case No. MISSING
Regular Panel Decision
Aug 06, 2015

Sidney B. Hale, Jr. v. City of Bonham

The document comprises two appendices related to Texas law. Appendix A presents Chapter 101 of the Texas Civil Practice and Remedies Code, known as the Texas Tort Claims Act, which addresses governmental liability for torts, defining terms, outlining liability for governmental units, setting limitations on liability, and detailing procedural aspects. Appendix B includes sections from Chapter 271 of the Texas Local Government Code, concerning purchasing and contracting authority for municipalities, counties, and other local governments, with a focus on definitions, waivers of immunity for breach of contract, and limitations on adjudication awards.

Texas lawGovernmental immunityTort claimsMunicipal liabilityLocal governmentPurchasing authorityContracting authorityStatutory interpretationSovereign immunityCivil practice and remedies
References
0
Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
Case No. MISSING
Regular Panel Decision

Erwin v. Rose

This case addresses the liability of a municipality and its agents under the Governmental Tort Liability Act, as well as the liability of an underinsured motorist carrier. Ms. Erwin's parents filed a wrongful death action after their daughter was killed in a high-speed chase involving Deputy Mike Rose of Maury County. The court apportioned fault between Deputy Rose and Tracy Joe Lovell, limiting Maury County's liability to $130,000 and dismissing claims against Deputy Rose. The court affirmed the dismissal of the claim against the underinsured motorist carrier, Tennessee Farmers Mutual Insurance Co., finding that payments from other tort-feasors reduce the carrier's coverage. The appellate court affirmed the lower court's decisions on municipal and agent liability and the dismissal of the underinsured motorist claim, but reversed the award of prejudgment interest as it exceeded the statutory liability limit for the municipality. A petition to rehear was subsequently overruled.

Governmental Tort Liability ActUnderinsured Motorist CoverageWrongful DeathHigh-Speed ChasePolice MisconductMunicipal LiabilityDeputy Sheriff LiabilityPrejudgment InterestInsurance Policy LimitsCivil Rights Violations
References
21
Case No. MISSING
Regular Panel Decision

State v. Terrell

This case addresses whether the State of Texas is liable under the Texas Tort Claims Act for personal injuries caused by a highway patrol officer's negligent operation of a motor vehicle. James M. Terrell and Security National Insurance Company sued the State after Officer White's patrol car collided with Terrell's vehicle during a radar operation in Runnels County. The District Court granted summary judgment for the State, but the Court of Civil Appeals reversed this decision. The Supreme Court affirmed the Court of Civil Appeals' judgment, holding that the State is subject to liability if the officer's negligence occurred within the scope of employment and outside an emergency. The Court clarified that while policy-making decisions regarding police protection are immune, negligence in executing those policies can lead to liability under the Act.

Texas Tort Claims ActSovereign ImmunityGovernmental LiabilityPolice NegligenceMotor Vehicle AccidentStatutory InterpretationEmergency ExemptionPolicy DecisionsDiscretionary FunctionScope of Employment
References
19
Case No. MISSING
Regular Panel Decision

Crawley v. Hamilton County

Noel Crawley, a corrections officer for the Hamilton County Sheriff's Department, sustained injuries at work and received compensation under Hamilton County's Civil Service Policy, which purported to be an exclusive remedy. Crawley subsequently filed a negligence suit against Hamilton County under the Governmental Tort Liability Act (GTLA). Hamilton County argued its policy exempted it from GTLA liability, but the trial court initially granted summary judgment in its favor. The Court of Appeals reversed this decision, stating that the county could not exempt itself from tort liability. The Supreme Court affirmed the Court of Appeals, holding that a county not opted into workers' compensation statutes cannot use an internal policy to avoid GTLA liability for work-related injuries, as such policies are void against public policy.

Governmental Tort Liability ActExclusive RemedyWorkers' Compensation Opt-OutCounty LiabilityOn-the-Job InjuryCivil Service PolicySovereign ImmunityPublic PolicyNegligence LawTennessee Supreme Court
References
12
Case No. M2004-01910-COA-R3-CV
Regular Panel Decision
Sep 01, 2005

Rickey W. Pendleton v. The Metropolitan Government of Nashville and Davidson County

Rickey W. Pendleton sued the Metropolitan Government of Nashville and Davidson County for injuries sustained during his arrest by metropolitan police officers, alleging assault and battery and vicarious liability through respondeat superior. The trial court granted summary judgment for the government, ruling that a standalone respondeat superior claim was insufficient under the Tennessee Governmental Tort Liability Act (GTLA) for intentional torts, requiring a separate negligence claim against the governmental entity. The Court of Appeals affirmed this decision, holding that the GTLA mandates a direct showing of negligence by the governmental entity for intentional torts committed by its employees, and Pendleton failed to assert such a claim against the Metropolitan Government.

Governmental Tort Liability ActRespondeat SuperiorSummary JudgmentIntentional TortsNegligenceAssault and BatteryPolice MisconductGovernmental ImmunityTennessee LawMunicipal Liability
References
6
Case No. MISSING
Regular Panel Decision

State v. City of Galveston

Justice Terry Jennings dissents from the denial of en banc consideration, arguing that the panel's decision to not shield municipalities from the State's tort claims creates a state sovereignty exception to governmental immunity without legislative approval. This, he contends, subjects local governmental units to unlimited tort liability and undermines the Texas Legislature's sole authority to waive sovereign immunity, as explicitly defined in the Texas Tort Claims Act. Justice Jennings highlights that the Legislature has precisely outlined the circumstances under which municipalities are liable for governmental functions and that any expansion of this liability should be a legislative, not judicial, prerogative. He also criticizes the majority's misapplication of the *Eagle Pass* precedent.

Governmental ImmunityMunicipal LiabilityTort Claims ActState SovereigntyLegislative PrerogativeJudicial ActivismEn Banc ConsiderationDissenting OpinionTexas LawLocal Government
References
7
Case No. MISSING
Regular Panel Decision

AIG Europe (Netherlands), N v. v. UPS Supply Chain Solutions, Inc.

Plaintiff AIG Europe (Netherlands), N.V. ("AIG") initiated a subrogation action against Defendant UPS Supply Chain Solutions, Inc. ("UPS") following damage to an x-ray machine during shipment. AIG, acting as the insurer for Philips Medical Systems Nederlands, B.V., asserted claims for breach of contract, bailment obligations, and tort. UPS sought summary judgment to limit its liability to $9,479.61, while AIG cross-moved for summary judgment, arguing against the enforceability of any liability limitation and its invalidity under the Carmack Amendment. The Court denied both motions for summary judgment on the contractual liability issues, citing genuine disputes of material fact regarding the existence and terms of a binding agreement between the parties. Furthermore, the applicability of the Carmack Amendment and the material deviation doctrine could not be determined as a matter of law. However, UPS's motion for summary judgment on AIG's tort claim was granted as it was unopposed.

SubrogationContract LawBailmentTort LawSummary JudgmentCarmack AmendmentInterstate CommerceLimitation of LiabilityShipping DamageX-ray Machine
References
50
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

Loblaw, Inc. v. Employers' Liability Assurance Corp.

Loblaw, Inc., a self-insured retail chain, sued its excess insurer, Employers’ Liability Assurance Corporation, for reimbursement under a workers’ compensation policy. The dispute centered on whether Loblaw timely notified Employers’ of an employee's escalating injury claim. Loblaw initially believed the claim would not exceed its $25,000 self-retention, delaying notice until June 1972, despite warnings from its agent and mounting costs. The Supreme Court, Erie County, initially sided with Loblaw, but the Appellate Division reversed, ruling Loblaw had an ongoing obligation to notify the insurer and was derelict by May 1969. This court affirmed the Appellate Division's dismissal of Loblaw's complaint, holding that the notice given in June 1972 was too late as a matter of law, given the claim had exceeded $21,000 by December 1970.

Insurance policy interpretationWorkers' compensationExcess insuranceNotice provisionSelf-insurerTimely noticeAppellate reviewContract constructionObjective standardSubjective judgment
References
22
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