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

Case No. E2001-02090-COA-R3-CV
Regular Panel Decision
Nov 14, 2002

Kelso Oil v. East West Truck Stop

This appeal centers on an Unconditional Guaranty signed by Frank Webb, president and owner of East West Truck Stop, Inc., guaranteeing the company's debt to Kelso Oil Company, Inc. The primary dispute involved whether the trial court improperly used parol evidence to identify the 'buyer' in the guaranty as the corporate entity, rather than 'Frank Webb d/b/a East West Truck Stop', which Webb argued violated the Statute of Frauds. Webb also contested the finding of adequate consideration and the dismissal of a counterclaim alleging usurious late charges. The Court of Appeals affirmed the trial court's judgment, concluding that the 'buyer' was sufficiently identified as the corporate entity, thereby preventing the guaranty from being an 'exercise in futility'. The court also found sufficient consideration for the guaranty and upheld the dismissal of the usury counterclaim.

GuarantyStatute of FraudsParol EvidenceCorporate DebtPersonal LiabilityForbearanceConsiderationUsuryLate ChargesContract Interpretation
References
16
Case No. MISSING
Regular Panel Decision

Kelso Oil Co., Inc. v. EAST WEST TRUCK STOP

This case concerns an appeal regarding an Unconditional Guaranty signed by Frank Webb, president of East West Truck Stop, Inc., guaranteeing a debt to Kelso Oil Company, Inc. The dispute arose because the guaranty identified 'Frank Webb d/b/a East West Truck Stop' as the buyer, while the corporate entity, East West Truck Stop, Inc., was the actual recipient of the goods. Webb argued the Statute of Frauds prevented the use of parol evidence to clarify the buyer's identity and that there was inadequate consideration. The Trial Court found a latent ambiguity, identified the corporate entity as the buyer, and held Webb personally liable, also dismissing a counterclaim regarding usurious late charges. The Appellate Court affirmed the Trial Court's decision, emphasizing that a corporation cannot guarantee its own debt and that sufficient consideration existed through forbearance and the continued sale of goods, further clarifying that late charges were compensation for damages, not usurious interest.

GuarantyPersonal GuarantyCorporate LiabilityStatute of FraudsParol Evidence RuleLatent AmbiguityContract InterpretationConsiderationUsuryLate Fees
References
14
Case No. MISSING
Regular Panel Decision

Albany Truck Rental Service, Inc. v. New Hampshire Merchants Insurance

This case involves an appeal from a declaratory judgment action to determine insurance coverage obligations following a fatal tractor-trailer accident. The accident killed Michael L. Bennekin, a passenger and co-employee of the driver, David L. Sinnamon, both employed by the NYS Department of Correctional Services, which had leased the tractor from Albany Truck. Travelers insured Albany Truck, while Merchants insured the Department. Bennekin's estate initially sued Sinnamon, Albany Truck, and General Tire. Sinnamon was dismissed due to workers' compensation exclusivity, insulating Albany Truck from vicarious liability for Sinnamon's negligence but not its own independent negligence. The court affirmed the Special Term's ruling that Travelers is the primary insurer and Merchants is the secondary/excess insurer for Albany Truck's independent negligence. However, the court reversed the Special Term's decision to refer attorneys' fees for factual determination, concluding that no fees could be allowed as Sinnamon did not incur them to the Attorney-General.

Insurance coveragePrimary and excess insuranceDuty to defendWorkers' Compensation LawCo-employee defenseDeclaratory judgmentVicarious liabilityIndependent negligenceMotor vehicle accidentBreach of contract
References
10
Case No. MISSING
Regular Panel Decision

Lumpkin v. Albany Truck Rental Service, Inc.

This case concerns three related actions stemming from a truck accident that resulted in the death of the plaintiff's decedent, who was a passenger. Both the decedent and the driver, David L. Sinnamon, were employed by the New York State Department of Correctional Services, and the accident occurred during their employment. The original plaintiff sued General Tire and Rubber Company, Albany Truck Rental Service, Inc., and Sinnamon. Sinnamon was dismissed based on the Workers' Compensation Law. Subsequently, General Tire and Albany Truck initiated third-party actions against Sinnamon for indemnity or contribution, which were also dismissed by Special Term, citing Correction Law § 24. The Appellate Division affirmed these dismissals, ruling that Correction Law § 24 clearly bars such third-party actions against employees of the Department of Correctional Services acting within the scope of their employment. The court also rejected the appellants' equal protection challenge to the statute.

Workers' Compensation LawCorrection Law Section 24IndemnificationContributionThird-Party LiabilityGovernment ImmunityEmployee ProtectionStatutory InterpretationEqual Protection ChallengeMotor Vehicle Accident
References
3
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. MISSING
Regular Panel Decision

Castro v. Salem Truck Leasing, Inc.

The defendants, Salem Truck Leasing, Inc., and Jose E. Cofresi, appealed an order denying their motion for summary judgment in a personal injury action. The plaintiff was a passenger in a truck operated by Cofresi and owned by Salem, and both were co-employees involved in an accident during their employment. The appeals court modified the order, granting summary judgment dismissing the complaint against Cofresi, citing Workers' Compensation Law co-employee immunity. However, the court affirmed the denial of summary judgment for Salem Truck Leasing, Inc., as a triable issue of fact existed regarding Salem's alleged independent negligence in maintaining the truck.

Personal InjurySummary JudgmentWorkers' Compensation LawCo-employee ImmunityVehicle AccidentTruck LeasingNegligenceAppellate ReviewMotion PracticeKings County
References
4
Case No. 08-21-00001-CV
Regular Panel Decision
Aug 26, 2022

in Re: Windstar Trucking, LLC

The Eighth District of Texas Court of Appeals in El Paso granted a mandamus petition filed by Windstar Trucking, LLC. Windstar sought to overturn a trial court's denial of its motion to designate an unknown "John Doe" as a responsible third party in a civil negligence suit. The underlying suit stemmed from a fatal traffic accident involving a Windstar truck, a Volkswagen Passat, and allegedly a white pickup truck that made an illegal left turn. The court addressed whether an illegal left turn under the Texas Transportation Code constitutes a "criminal act" for responsible third party designation and if supporting facts can be pleaded in the motion for leave. The court concluded that an illegal turn is a criminal act and that facts can be presented in the motion for leave, thereby directing the trial court to allow the designation.

MandamusResponsible Third PartyTraffic AccidentCriminal ActPleading RequirementsTexas Transportation CodeIllegal Left TurnFair Notice StandardStatutory ConstructionJudicial Discretion
References
33
Case No. 2018-02-0644; 2018-02-0623
Regular Panel Decision
Jul 16, 2019

Girardeau, Mark and Rosemary v. Danny Herman Trucking, Inc.

This case involves consolidated interlocutory appeals where employees Mark and Rosemary Girardeau sought Tennessee workers' compensation benefits after an accident. The employer, Danny Herman Trucking, Inc., argued the employees had elected to pursue benefits in Missouri, citing the election of remedies doctrine. The employees countered that the employer was estopped from this defense as it had initially paid benefits under Tennessee law. The trial court denied the employees' claim for Tennessee benefits, finding they knowingly pursued benefits in Missouri. The Appeals Board affirmed the trial court's decision, concluding the employees' actions, facilitated by their Missouri attorneys, constituted a binding election of remedies in Missouri, thereby precluding their Tennessee claim. The Board also rejected the employees' equitable estoppel argument.

Workers' Compensation BenefitsElection of RemediesEquitable EstoppelJurisdiction DisputeInterlocutory AppealMissouri Workers' CompensationTennessee Workers' CompensationTrucking AccidentConsolidated CasesTrial Court Affirmation
References
12
Case No. 13-21-00361-CV
Regular Panel Decision
Oct 12, 2023

Accident Fund General Insurance Company v. Rodrigo Mendiola

Rodrigo Mendiola, a truck driver, suffered severe burns in an accident, leading to an above-the-knee amputation and significant injury to his left hand. His employer's workers' compensation insurer, Accident Fund General Insurance Company, disputed his claim for lifetime income benefits based on the total loss of use of his left hand. The trial court, applying the Travelers Insurance Co. v. Seabolt standard, found sufficient evidence that Mendiola's hand lacked substantial utility, entitling him to benefits. The Court of Appeals affirmed the trial court's judgment, upholding the application of the Seabolt standard and concluding the evidence factually supported the finding of total loss of use.

Workers' CompensationLifetime Income BenefitsTotal Loss of UseBurn InjuriesHand InjuryAmputationMedical EvidenceFactual SufficiencyAppellate ReviewStare Decisis
References
29
Case No. 14-14-00345-CV
Regular Panel Decision
Mar 27, 2015

Albert Lujan D/B/A Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar International Transportation Corp., International Truck and Engine Corporation and Santex Truck Centers, Ltd.

This appeal concerns a lawsuit for damages stemming from the Appellant's purchase of defective trucks from the Appellees. The Appellant, Albert Lujan d/b/a Texas Wholesale Flower Co., alleged breach of express and implied warranties, failure of essential purpose, and economic coercion/duress after the purchased trucks experienced repeated engine failures. The trial court granted the Appellees' motions for summary judgment, finding warranty disclaimers operative, dismissing claims for lack of standing, and striking the Appellant's supporting affidavit as a 'sham' and conclusory. The Appellant argues these rulings were erroneous, contending the disclaimers were invalid, factual issues existed regarding warranty breaches, and the court improperly adjudicated unpresented claims. Additionally, the Appellant challenges the striking of his affidavit and the acceptance of untimely evidence by the trial court.

Breach of WarrantySummary JudgmentEconomic DuressBusiness CoercionProduct LiabilityVehicle DefectsEngine FailureContract LawUniform Commercial CodeAppellate Procedure
References
34
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