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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

Hoffman v. Trinity Industries, Inc.

Edward Hoffman, an employee of Technical Resources, Inc. (TRI) leased to Trinity Industries, Inc. (Trinity), sued Trinity for negligence after an on-the-job injury. Trinity moved for summary judgment, arguing that Hoffman was its employee under either the dual employer or borrowed servant doctrine, which would make workers' compensation Hoffman's exclusive remedy. The core dispute revolved around a contract stating TRI's employees were not Trinity's and TRI maintained sole control. The appellate court determined this contract raised a genuine issue of material fact regarding Hoffman's employment status under both theories. Consequently, the court reversed the summary judgment granted to Trinity and remanded the case for further proceedings.

Summary JudgmentNegligenceWorkers' CompensationDual EmploymentJoint EmploymentBorrowed Servant DoctrineRight of ControlContract InterpretationLeased EmployeesPersonal Injury
References
18
Case No. 06-24-00073-CV
Regular Panel Decision
May 15, 2025

Jennifer Cambas and Lawrence Cambas v. Trinity Roofing & Restoration, LLC

Jennifer and Lawrence Cambas (Appellants) appealed a jury verdict in favor of Trinity Roofing & Restoration, LLC (Appellee) from the 57th District Court, Bexar County, Texas. The Cambases had hired Trinity for water damage repairs and later requested voluntary upgrades and a roof repair. Disputes arose regarding the completion timeframe and quality of work, leading to the Cambases stopping payments and Trinity suing for breach of contract and quantum meruit. The Cambases counterclaimed for various contract and fraud-related issues. The jury found that the Cambases materially breached the written contract first, Trinity substantially performed, and awarded Trinity damages for breach of contract and quantum meruit for the oral agreement. On appeal, the Cambases challenged the sufficiency of evidence for breach, Trinity's right to recovery, quantum meruit recovery, and attorney fees. The Sixth Appellate District of Texas at Texarkana affirmed the trial court's judgment, concluding that legally sufficient evidence supported the jury's findings, Trinity's right to recovery was not barred, quantum meruit recovery was not barred, and Trinity was entitled to attorney fees.

Contract DisputeBreach of ContractQuantum MeruitSubstantial PerformanceMaterial BreachAttorney FeesAppellate ReviewTexas LawConstruction ContractHome Renovation
References
35
Case No. MISSING
Regular Panel Decision

ICG Link, Inc. v. Philip Steen v. TN Sports, LLC v. ICG Link, Inc.

This case involves a dispute between ICG Link, Inc., a website development company, and Nashville Sports Leagues, LLC, TN Sports, LLC, and Philip Steen, regarding payment for website development services. The trial court found no express contract but imposed a quasi-contract, awarding ICG $27,806.34 and holding Philip Steen personally liable. On appeal, the Court affirmed the trial court's finding of a quasi-contract and Mr. Steen's personal liability. However, the appellate court modified the monetary award, determining ICG was entitled to $13,952.88 after accounting for the value of benefits received and deductions.

Website DevelopmentBreach of ContractUnjust EnrichmentQuasi-ContractQuantum MeruitPersonal LiabilityLLCMutual AssentContract IndefinitenessAppellate Review
References
18
Case No. 03-95-00601-CV
Regular Panel Decision
Aug 14, 1997

David Simpson v. Trinity Universal Insurance Company

David Simpson sued Gerald Black for negligence following an automobile accident, and Trinity Universal Insurance Company for breach of contract related to underinsured motorist benefits. After a first trial, Simpson's breach of contract claim against Trinity was improperly severed into a second trial where Simpson received a favorable judgment. On appeal, the court determined the original trial court erred by failing to render a take-nothing judgment against Simpson on his breach of contract claim against Trinity and by severing the claim after jury submission. Consequently, the appellate court reversed the judgment and rendered that Simpson take nothing against Trinity.

Automobile AccidentInsurance ContractUnderinsured Motorist BenefitsBreach of ContractSeverance of ClaimsJury SubmissionAbuse of DiscretionAppellate ReviewJudgment ReversalDamages
References
13
Case No. MISSING
Regular Panel Decision
Jul 22, 2004

Trinity Universal Insurance Company v. Rebecca L. Day and Texas Workers' Compensation Commission

Trinity Universal Insurance Company appeals a judgment in favor of Rebecca L. Day and the Texas Workers’ Compensation Commission (TWCC). The central issue is the timeliness of Trinity's Request for Review with the TWCC Appeals Panel, which impacts the trial court's jurisdiction. Rebecca Day sustained an injury in 1997 and subsequently applied for supplemental income benefits. A contested hearing in 2002 resulted in a decision that was mailed and placed in Trinity's Austin representative's box on July 24, 2002. Trinity filed its appeal with the TWCC Appeals Panel on August 15, 2002, which was deemed untimely by both the Appeals Panel and the trial court, leading to a finding of no jurisdiction. Trinity argued that under 28 TEX.ADMIN.CODE § 102.5(d), the deemed date of receipt was July 25, 2002, making their appeal timely. The appellate court concurred with Trinity's interpretation of the administrative code, thereby reversing the trial court's decision and remanding the case for further proceedings.

JurisdictionTimeliness of AppealWorkers' CompensationAdministrative CodePlea to JurisdictionDeemed Receipt DateAppellate ReviewStatutory ConstructionRemandInsurance Carrier
References
6
Case No. ADJ9071036
Regular
May 05, 2017

JOSE ZAMORA vs. TRINITY SPORTS, INC.; SAMSUNG FIRE AND MARINE INSURANCE COMPANY, by BROADSPIRE

The Workers' Compensation Appeals Board denied Trinity Sports, Inc.'s Petition for Removal. Removal is an extraordinary remedy only granted for substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board found that reconsideration will be an adequate remedy if a decision adverse to the defendant is ultimately made. The defendant can raise their arguments before the trial judge.

Petition for RemovalAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyCortezKleemannCal. Code Regs.
References
2
Case No. 14-03-00629-CV
Regular Panel Decision
Apr 08, 2004

Trinity Universal Insurance Company v. Yolanda Berryhill

This case involves an appeal by Trinity Universal Insurance Company ('Trinity') from a judgment in favor of Yolanda Berryhill ('Berryhill') in a workers' compensation dispute. Trinity sought judicial review of a commission decision awarding benefits to Berryhill. The core issue was whether Trinity waived its right to contest the compensability of Berryhill's injury by failing to file its notice of refusal within seven days of receiving her injury notice, as per the Continental Casualty Co. v. Downs ruling. The trial court granted Berryhill's motion for partial summary judgment on this waiver issue. However, the appellate court reversed and remanded, ruling that the 'Downs waiver' issue could not be raised for the first time during judicial review, as it was not decided by the commission appeals panel, and the Act contains no 'good cause' exception for introducing new issues at this stage.

Workers' CompensationJudicial ReviewWaiverCompensabilitySummary JudgmentAppellate ProcedureStatutory InterpretationLabour LawTimely NoticeInsurance Carrier
References
15
Case No. 08-03-00414-CV
Regular Panel Decision
Jul 22, 2004

Trinity Universal Insurance Company v. Rebecca L. Day and Texas Workers' Compensation Commission

Trinity Universal Insurance Company appealed a judgment in favor of Rebecca L. Day regarding her claim for supplemental income benefits. The central issue was whether Trinity had timely filed its Request for Review with the Texas Workers' Compensation Commission (TWCC) Appeals Panel, which was crucial for the trial court's jurisdiction. The TWCC and the trial court found Trinity's appeal to be untimely. The Court of Appeals examined the interpretation of 28 Tex.Admin.Code § 102.5(d) concerning the deemed date of receipt for communications from the TWCC. The court ultimately concluded that Trinity's appeal was timely filed under the deemed receipt rule, thereby reversing the trial court's decision and remanding the case for further proceedings.

Workers' CompensationJurisdictionTimeliness of AppealAppellate ReviewAdministrative LawStatutory InterpretationTexas Court of AppealsInsurance LawDeemed Receipt RulePlea to the Jurisdiction
References
6
Case No. MISSING
Regular Panel Decision

Highland Park Shopping Village v. Trinity Universal Insurance Co.

This case concerns a dispute over an additional insured endorsement in a general liability policy. Appellants, Henry S. Miller Interests, Inc. and Highland Park Shopping Village, were sued by an employee of Ward Brothers Plumbing Company, James Watkins, for injuries sustained on their premises. Appellants sought defense and indemnification from Trinity Universal Insurance Company, Ward Brothers' insurer, as additional insureds. Trinity refused, arguing the policy only covered liability arising from Ward Brothers' work. The trial court granted Trinity summary judgment on indemnification but granted appellants summary judgment on the duty to defend. Citing similar Texas appellate decisions, the court found Watkins's injury arose out of Ward Brothers' work. The appellate court affirmed the duty to defend and reversed the denial of indemnification, rendering judgment that appellants are entitled to indemnification for the Watkins suit.

Insurance CoverageAdditional Insured EndorsementGeneral Liability PolicyDuty to DefendDuty to IndemnifyArising Out of WorkEmployee InjuryWorker's CompensationSummary JudgmentAppellate Review
References
2
Case No. 28132/20 Appeal No. 907 Case No. 2022-04652
Regular Panel Decision
Oct 26, 2023

Rodriguez v. Trinity Evangelical Lutheran Church

Plaintiff Alicia Rodriguez appealed the denial of summary judgment in her slip and fall case against Trinity Evangelical Lutheran Church. Rodriguez alleged she was injured due to an accumulation of wax on the tile floor in a hallway within the church premises. The defendant, an out-of-possession landlord, had leased a portion of the building to plaintiff's employer, Lutheran Social Services of New York (LSSNY), which was contractually responsible for maintaining and cleaning the premises. The Appellate Division found that Trinity established prima facie evidence of its landlord status and lack of responsibility for the condition, and that the accident was not caused by a structural defect. Ultimately, the court reversed the lower court's order, granted summary judgment to the defendant, and dismissed the complaint, concluding that the plaintiff failed to raise a triable issue of fact regarding the defendant's control over the accident site.

Slip and fallPremises liabilityOut-of-possession landlordSummary judgmentLease agreementMaintenance responsibilityStructural defectControl of premisesAppellate DivisionNew York law
References
4
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