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Case Law Database

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

Case No. 03-97-00392-CV
Regular Panel Decision
Mar 26, 1998

Union Pacific Resources Company and Tetra Applied Technologies, Inc. v. Loretta Chilek Phoenix Horizontal, Inc And Great West Energy and Exploration, Inc.

This case involves an interlocutory appeal from the Texas Court of Appeals, Third District, at Austin, challenging a class action certification. Appellants Union Pacific Resources Company and Tetra Applied Technologies, Inc. contested the certification of a class represented by Loretta Chilek, Phoenix Horizontal, Inc., and Great West Energy and Exploration, Inc. The underlying suit alleges that appellants' improper plugging of the Nana Newton Well in Lee County caused damage to numerous other wells and mineral interests due to water flow into the Austin Chalk formation. The appellate court reviewed the trial court's decision for abuse of discretion, focusing on numerosity, commonality, typicality, adequate representation, predominance of common issues, and superiority of a class action. Ultimately, the court found no abuse of discretion and affirmed the class certification order.

Class ActionInterlocutory AppealOil and GasWell PluggingMineral InterestsNegligenceTrespassNuisanceJudicial DiscretionAppellate Review
References
22
Case No. 06-02-00183-CV
Regular Panel Decision
Jun 09, 2004

Russell Burke and Wife, Lori Burke, and Bob Anderson, as Chapter 7 Bankruptcy Trustee v. Union Pacific Resources Company, N/K/A Anadarko E & P Company, Palestine Water Well Service, Inc. and Jere Pritchett

This case concerns an appeal regarding property damage to a water well caused by seismic testing. The appellants, Russell and Lori Burke and their bankruptcy trustee, sued Union Pacific Resources Company (UPRC) and Palestine Water Well Service, Inc. (PWW). The appellate court affirmed the trial court's finding that the Burkes' negligence claim and PWW's tortious interference claim were barred by the statute of limitations. For the Burkes' breach of contract claim, the court found the $1.5 million jury award factually insufficient, suggesting a remittitur. Following the acceptance of a $653,700.00 remittitur by the Burkes, the judgment was modified and affirmed, resulting in a recovery of $842,300.00 for the Burkes and a take-nothing judgment for PWW.

Property DamageSeismic TestingWater WellCattle FeedlotBreach of ContractNegligenceTortious InterferenceStatute of LimitationsDiscovery RuleDamages
References
74
Case No. 14-0901
Regular Panel Decision
Jun 24, 2016

Union Pacific Railroad Company v. William Nami

William Nami, a Union Pacific Railroad employee, contracted West Nile virus from a mosquito bite while working in Brazoria County, Texas. He sued Union Pacific under the Federal Employers’ Liability Act (FELA), alleging negligence for failing to provide a reasonably safe workplace. The jury found Union Pacific 80% responsible, and the trial court awarded Nami damages, which the court of appeals affirmed. On review, the Supreme Court of Texas considered the common-law doctrine of ferae naturae, which limits a property owner's liability for harm from indigenous wild animals unless the owner reduces them to possession, attracts them, or knows of an unreasonable risk. The Court concluded that Union Pacific did not meet these conditions, as it did not attract mosquitoes, could not control them, and the risk of serious infection was not unreasonable, thus precluding liability under FELA. The Supreme Court reversed the judgment of the court of appeals and rendered judgment for Union Pacific.

FELAFerae NaturaeWest Nile VirusMosquito BitesWorkplace SafetyEmployer LiabilityCommon Law NegligenceCausationIndigenous AnimalsForeseeability
References
32
Case No. MISSING
Regular Panel Decision

Union Pacific Railroad v. Williams

Seymour Williams, a former Union Pacific Railroad Company employee, filed a Federal Employers' Liability Act (FELA) claim for injuries sustained at a train derailment site. The trial court declined Union Pacific's proposed foreseeability instruction, leading to a jury verdict for Williams, which was affirmed by the court of appeals. The Supreme Court reversed this decision, holding that the trial court erred by not submitting a foreseeability instruction when evidence regarding the railroad's knowledge of dangerous conditions was disputed. The court clarified that foreseeability is an "essential ingredient" of the railroad's duty under FELA, and conflicting testimony necessitated jury deliberation on this element. The case was remanded for further proceedings.

FELARailroad NegligenceForeseeabilityJury InstructionsDuty of CareRemandAppellate ReviewTrial ProcedureWorkplace InjuryEmployer Liability
References
23
Case No. 06-02-00183-CV
Regular Panel Decision
Apr 16, 2004

Joseph Dewayne Caster v. State

Russell Burke, Lori Burke, and Bob Anderson (as bankruptcy trustee), collectively 'the Burkes,' sued Union Pacific Resources Company (UPRC), Palestine Water Well Service, Inc. (PWW), and Jere Pritchett for damages to their water well and resulting cattle losses following seismic testing. The Burkes alleged negligence, gross negligence, breach of contract, and DTPA violations. UPRC cross-appealed, and PWW filed a cross-action against UPRC for tortious interference. The jury initially awarded the Burkes $1.5 million in actual damages and $3 million in punitive damages, and PWW $200,000 for tortious interference. On appeal, the court ruled that the Burkes' negligence claim and PWW's tortious interference claim were barred by the statute of limitations. The appellate court found the jury's damage award for the Burkes' breach of contract claim to be factually insufficient, entitling UPRC to a settlement credit. The court suggested a remittitur, conditionally affirming a reduced judgment for the Burkes if accepted, or else remanding the case for a new trial on damages.

Seismic SurveyWater Well DamageBreach of ContractNegligenceStatute of LimitationsTortious InterferenceCross-AppealDamagesRemittiturFactual Sufficiency
References
60
Case No. 12-99-00428-CV
Regular Panel Decision
Oct 17, 2001

Kenneth Synar, Appellant/Cross-Appellee v. Union Pacific Railroad Company, Appellees/Cross-Appellants

Kenneth Synar, a switchman, sued Union Pacific Railroad Company (UP) under the Federal Employer's Liability Act (FELA) and Federal Safety Appliance Act (FSAA) for a repetitive-use injury. A jury found UP negligent and in violation of the FSAA, but also found Synar 30% contributorily negligent. The trial court initially reduced the award based on contributory negligence, but the Court of Appeals reinstated the FSAA finding, negating the reduction. However, the appellate court reversed awards for past and future medical expenses due to insufficient evidence. The modified judgment affirmed a total award of $541,300.00 for lost earning capacity and past lost wages.

FELAFSAARailroad Employee InjuryRepetitive Motion InjuryUlnar Nerve NeuropathySwitching Yard SafetyDefective EquipmentForeseeability of HarmExpert Witness AdmissibilityLost Wages
References
95
Case No. MISSING
Regular Panel Decision

Burke v. Union Pacific Resources Co.

This case details an appeal concerning Russell and Lori Burke and their bankruptcy trustee (collectively 'the Burkes') against Union Pacific Resources Company (UPRC) and Palestine Water Well Service, Inc. (PWW), stemming from seismic testing that allegedly damaged their water well, causing significant cattle losses. PWW also filed a cross-action against UPRC for tortious interference. The appellate court ruled that the Burkes' negligence claim and PWW's tortious interference claim were barred by the statute of limitations, resulting in a take-nothing judgment for PWW. For the Burkes' breach of contract claim, the court found the jury's $1.5 million damage award factually insufficient and proposed a $653,700 remittitur; acceptance would lead to a modified judgment of $842,300, while rejection would mean reversal and remand for a new trial. UPRC was also granted a $111,500 settlement credit.

Seismic Testing DamageWater Well ContaminationCattle LossesBreach of ContractTortious InterferenceStatute of LimitationsDiscovery RuleDamages SufficiencyRemittiturSettlement Credit
References
68
Case No. 01-18-00181-CV
Regular Panel Decision
Jan 28, 2020

Richard Haynes v. Union Pacific Railroad Company, a Corporation

Richard Haynes, a carman for Union Pacific Railroad Company (UP), was injured while leaving work and subsequently sued UP under the Federal Employment Labor Act (FELA). A jury found both parties negligent, but the trial court reduced Haynes's damages based on his contributory negligence and liens. On appeal, Haynes contested jury instructions and judicial bias, while UP cross-appealed on FELA applicability and sought an offset for railroad retirement taxes. The appellate court affirmed FELA's applicability, found no trial errors or bias, but modified the judgment to grant UP the requested offset, thus affirming the judgment as modified.

Federal Employment Labor ActRailroad AccidentPersonal InjuryContributory NegligenceJury InstructionJudicial ConductPre-existing ConditionDamages ApportionmentAppellate ProcedureWage Loss Offset
References
39
Case No. 08-02-00076-CV
Regular Panel Decision
Dec 02, 2004

Union Pacific Railroad Company v. Loa, Daniel R.

This case involves an appeal from a jury verdict where Daniel R. Loa sued Union Pacific Railroad Company for workplace harassment under the Texas Commission on Human Rights Act (TCHRA) and intentional infliction of emotional distress. Loa, a Mexican-American employee, experienced daily racial slurs and threats from his supervisor, Kevin Goewey, and alleged retaliation after filing an EEOC complaint. The jury initially awarded substantial compensatory and punitive damages, which were remitted by the trial court. On appeal, the Court affirmed the finding of workplace harassment but reversed the claim for intentional infliction of emotional distress due to insufficient evidence of "severe" emotional distress. The court further reformed the judgment, capping total damages (compensatory and punitive) at $300,000 under the TCHRA and remanded the case for the trial court to determine reasonable attorney's fees.

workplace harassmentnational origin discriminationintentional infliction of emotional distresspunitive damagescompensatory damagesattorney's feesTCHRATexas Labor Codeappellate reviewdamages cap
References
22
Case No. Nos. 01-04-01277-CV to 01-04-01287-CV; 01-04-01326-CV to 01-04-01333-CV
Regular Panel Decision
Jan 26, 2006

Jim Wells County v. EL PASO PRODUCTION OIL

This case involves multiple Texas counties and school districts (Taxing Units) alleging fraud and conspiracy against numerous oil and gas companies (Oil Companies). The Taxing Units claimed the Oil Companies undervalued oil and gas reserves for ad valorem tax purposes through various manipulative schemes, leading to underpayment of taxes. The trial court dismissed the lawsuits due to lack of subject-matter jurisdiction, asserting that the Taxing Units failed to exhaust administrative remedies available under the Texas Tax Code. The Court of Appeals affirmed the dismissal, holding that the Tax Code provides a comprehensive and exclusive regulatory scheme for addressing property appraisal disputes, including those involving alleged fraud, through the Appraisal Review Board, thereby divesting district courts of original jurisdiction.

Property TaxAd Valorem TaxOil & GasFraudConspiracyUndervaluationExclusive JurisdictionAdministrative RemediesAppraisal Review BoardTax Code
References
17
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