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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

Bonded Builders Home Warranty Association of Texas D/B/A Bonded Builders Warranty Group, Daniel Avila, Grisele Edith Arizpe, and AA Builders, LLC v. Patricia Rockoff

Patricia Rockoff purchased a home from AA Builders, LLC, which included a warranty from Bonded Builders Home Warranty Association of Texas (BBWG). After discovering structural defects, Rockoff filed claims against both AA Builders and BBWG, subsequently initiating a lawsuit. Both AA Builders and BBWG moved to compel arbitration based on the warranty's terms, but the trial court denied these motions. On interlocutory appeal, the appellate court reversed, affirming the validity and scope of the arbitration agreement. The court rejected arguments regarding the unconscionability of arbitrator selection and limitations on remedies, but remanded the case for the trial court to determine if the arbitration costs render the agreement substantively unconscionable after an arbitrator is appointed.

Interlocutory AppealArbitrationUnconscionabilityHome WarrantyConstruction DefectsFederal Arbitration ActTexas Deceptive Trade Practices ActContract LawProcedural UnconscionabilitySubstantive Unconscionability
References
54
Case No. MISSING
Regular Panel Decision

Charter Builders v. Durham

Charter Builders, a general contractor, appealed a judgment denying its claims for indemnity or contribution from Commercial Drywall, a third-party defendant. Durham, an employee, had originally sued Charter Builders for personal injuries sustained at a construction site. The jury found negligence and gross negligence against Charter Builders, apportioning 55% of the negligence. The appellate court affirmed the denial of contribution, citing Charter Builders' failure to support its claim, its proportionate payment of damages, the basis of exemplary damages on gross negligence, and Commercial Drywall's immunity as a subscribing employer under the Workers' Compensation Act. The court also denied indemnification, ruling that the contractual provisions did not unequivocally indemnify Charter Builders against its own negligence, as required by Texas law, and no exceptions applied to this rule.

Workers' CompensationContributionIndemnity AgreementJoint TortfeasorsEmployer ImmunityGross NegligenceAppellate ProcedureContract InterpretationPremises LiabilityEmployee Definition
References
27
Case No. 2016 NY Slip Op 00957 [136 AD3d 783]
Regular Panel Decision
Feb 10, 2016

Sanchez v. Metro Builders Corp.

Juan P. Sanchez initiated a personal injury lawsuit after falling three stories from a roof during snow removal, alleging violations of Labor Law sections 200, 240 (1), and 241 (6) against general contractor Metro Builders Corp. and subcontractor JMZ Builders, Inc. Metro, in turn, sought indemnification from JMZ and Sanchez's employers, Cocos Brothers. The Appellate Division ultimately granted Sanchez's motion for summary judgment on Labor Law § 240 (1) liability against Metro, finding Metro to be a statutory agent of the owner. Concurrently, Metro's cross-motion for summary judgment dismissing claims under Labor Law § 200 and common-law negligence was granted, while its claims under Labor Law §§ 240 (1) and 241 (6) were denied on the merits. Metro's indemnification claims against JMZ and Cocos Brothers were dismissed as untimely.

Workplace FallConstruction AccidentLabor Law ViolationsSummary Judgment GrantedGeneral ContractorStatutory AgentIndemnification ClaimsAppellate ReviewPersonal InjurySafety Devices
References
20
Case No. 02-14-00304-CV
Regular Panel Decision
Jul 02, 2015

Barry Nussbaum v. Builders Bank, an Illinois Banking Corporation

This appeal arises from competing summary-judgment motions in a bill-of-review proceeding, focusing on whether a defendant's failure to update a contractually-agreed-to address for service of process constitutes fault or negligence precluding bill-of-review relief. Appellant Barry Nussbaum had guaranteed a loan from Appellee Builders Bank. When the borrower defaulted, Builders Bank sued Nussbaum for breach of the guaranty, obtaining a default judgment when Nussbaum failed to answer. Nussbaum filed a bill-of-review challenging the default judgment, claiming improper service. Builders Bank filed a cross-motion, arguing Nussbaum's own fault contributed to the default. The trial court denied Nussbaum's motion, granted Builders Bank's, and dismissed the bill-of-review. The appellate court affirmed the trial court's judgment, concluding that Nussbaum's failure to update his address, as required by the guaranty, constituted fault or negligence, thereby precluding him from obtaining bill-of-review relief.

Bill of ReviewDefault JudgmentService of ProcessContractual WaiverDue ProcessSummary Judgment ReviewGuaranty AgreementFault and NegligenceAppellate CourtTexas Law
References
40
Case No. 14-16-00686-CV
Regular Panel Decision
Aug 14, 2018

Scott Van Dyke v. Builders West, Inc.

Scott Van Dyke appealed a final judgment favoring Builders West, Inc. Builders West had sued Van Dyke for breach of contract due to nonpayment on a home renovation, while Van Dyke counter-sued for overcharging and faulty work. A jury found for Builders West, awarding significant damages and attorney's fees. Van Dyke's appeal challenged the sufficiency of evidence regarding good and workmanlike performance, the trial court's refusal to instruct the jury on supervision, and the attorney's fee rate. The Court of Appeals affirmed the judgment, finding that the jury charge did not require proof of good and workmanlike performance, Van Dyke waived his second issue, and Chapter 38 of the Texas Civil Practice and Remedies Code does not limit attorney's fees to amounts actually incurred when found reasonable and necessary.

breach of contracthome renovationattorney feesappellate reviewsufficiency of evidencejury chargeimplied warrantyquantum meruitsubstantial performanceTexas Civil Practice and Remedies Code
References
30
Case No. CA 15-00615
Regular Panel Decision
Mar 18, 2016

ALATI, ANTHONY JOSEPH v. DIVIN BUILDERS, INC.

Plaintiff Anthony Joseph Alati sued Divin Builders, Inc. and Michael Friery for injuries sustained from a ladder fall during construction. The causes of action included common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The Supreme Court granted plaintiff partial summary judgment and denied Divin Builders' cross-motion. The Appellate Division modified the order, granting parts of Divin Builders' cross-motion to dismiss plaintiff’s common-law negligence and Labor Law §§ 200 and 241(6) causes of action, except for specific NYCRR violations under 241(6), and affirmed the remaining parts of the order.

Ladder AccidentLabor LawCommon-Law NegligenceSummary JudgmentAppellate ReviewConstruction AccidentWorkplace SafetyIndependent ContractorSupervisory ControlStatutory Violation
References
9
Case No. 2015-08-0465
Regular Panel Decision
May 10, 2016

Davila, Evodio v. iIversified Builders, Inc.

Evodio Davila, an employee of Diversified Builders, Inc., sought medical benefits for work-related injuries sustained from a fall on April 9, 2015. The case, heard by Judge Jim Umsted, involved disputes over the causation of multiple injuries, including a left patellar fracture, cervical neck strain, and concussion. Despite conflicting medical opinions from various examiners like Dr. Nahum Beard (treating physician), Dr. Alan Nadel (neurologist), and Dr. Robert Lonergan (orthopedic surgeon) regarding the work-relatedness of Davila's conditions, the Court determined that Mr. Davila is entitled to ongoing medical treatment with his authorized treating physician, Dr. Beard. The employer was ordered to schedule an appointment for Mr. Davila with Dr. Beard after Davila provides a list of his medical providers for the previous ten years. A status hearing was set for June 27, 2016.

Workers' CompensationExpedited HearingMedical TreatmentCausation DisputeFall InjuryOrthopedic InjuryNeurological InjuryEmployee RightsEmployer ResponsibilitiesTreating Physician Authorization
References
2
Case No. MISSING
Regular Panel Decision
Jan 20, 2015

Alati v. Divin Builders, Inc.

Plaintiff, an independent contractor, sustained injuries after falling from a ladder while installing a light fixture in a residence built by defendant Divin Builders, Inc. Plaintiff initiated a common-law negligence and Labor Law action, alleging violations of sections 200, 240 (1), and 241 (6). The Supreme Court granted plaintiff partial summary judgment on Labor Law § 240 (1) liability and denied the defendant's cross-motion for dismissal. On appeal, the higher court modified the order, granting Divin Builders, Inc.'s cross-motion to dismiss the common-law negligence and Labor Law § 200 claims. Additionally, the Labor Law § 241 (6) claim was dismissed, except for those parts based on alleged violations of 12 NYCRR 23-1.21 (b) (1) and (3) (iv). The appellate court affirmed the Supreme Court's decision to grant plaintiff partial summary judgment on the Labor Law § 240 (1) cause of action.

Ladder FallConstruction AccidentLabor LawSummary JudgmentNegligenceWorkplace SafetyIndependent ContractorAppellate ReviewStatutory ViolationPersonal Injury
References
9
Case No. Shelby Chancery No. 106140-1, Appeal No. 02A01-9805-CH-00126
Regular Panel Decision
Aug 10, 1999

Mid-South Builders v. Delores Williams

This construction contract case involves Mid-South Builders, Inc. and homeowners Delores and Bessie Williams concerning home repairs. The Williams attempted to rescind the contract after work commenced, but Mid-South Builders completed the job. The trial court found an effective rescission and awarded quantum meruit damages. On appeal, the Court of Appeals of Tennessee reversed, holding that the Williams waived their right to rescind by allowing the work to be completed. The case has been remanded for further proceedings to address the Williams' defense regarding breach of contract due to alleged substandard workmanship.

Construction ContractHome RepairsContract RescissionQuantum MeruitWaiver of RightsBreach of ContractWorkmanship DisputesAppellate ReversalRemandTennessee Court of Appeals
References
5
Case No. 07-15-00117-CV
Regular Panel Decision
Jun 04, 2015

Hofer Builders, Inc. v. Fireman's Fund Insurance Company as Subrogee of United Rentals, Inc.

This case involves an appeal by Hofer Builders, Inc. (Defendant-Appellant) against Fireman's Fund Insurance Company (Plaintiff-Appellee). Hofer Builders challenges a default judgment and the denial of its motion for new trial by the trial court. Hofer argues its failure to file an answer was due to accident or mistake, not conscious indifference, stemming from miscommunication with its insurance carrier regarding answer deadlines after coverage was denied. Furthermore, Hofer asserts a meritorious defense, claiming the equipment damage was due to a manufacturing defect, not its actions. Hofer also contends that the evidence for unliquidated damages and attorney's fees awarded in the default judgment was legally and factually insufficient.

AppealDefault JudgmentMotion for New TrialConscious IndifferenceMeritorious DefenseUnliquidated DamagesAttorney's FeesInsurance Coverage DenialAgency LawProduct Defect
References
37
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