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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

Willis v. Titan Contractors Corp.

The appellant, an employee of Titan Contractors, sustained personal injuries when he slipped on a skiff in the Houston Ship Channel. He filed a lawsuit under the Jones Act, claiming seaman status, but a jury found he was not a seaman and attributed 50% comparative negligence to him. The appellant sought to recover damages under the unseaworthiness doctrine and the Longshoremen and Harbor Workers’ Compensation Act, arguing several points of error on appeal. The appellate court affirmed the trial court's 'take nothing' judgment, rejecting all of appellant's contentions, including claims of seaman status as a matter of law, erroneous jury instructions, unseaworthiness, and recovery under the LHWCA. The court also found no error in the admission of certain evidence or the lack of submission regarding maintenance and cure.

Jones ActSeaman StatusPersonal InjuryContributory NegligenceUnseaworthinessLongshoremen and Harbor Workers' Compensation ActAppellate ReviewJury VerdictMaritime LawTexas
References
30
Case No. MISSING
Regular Panel Decision

Saudi v. S/T MARINE ATLANTIC

Plaintiff Captain Sheriff Saudi initiated a personal injury action against Koch Shipping, Inc. (KSI) and Koch Supply & Trading Company, Limited (KS&T) following a fall from a lifting basket on May 17, 1999, which he attributed to a defective crane on the tanker Marine Atlantic. Saudi's claims included negligence, unseaworthiness under maritime law, and negligence under the Jones Act. Koch, as time charterers, moved for summary judgment, asserting they had no control over the vessel or its equipment, thus no liability for unseaworthiness or crew negligence. The Court, applying Fifth Circuit maritime law, reiterated that time charterers are generally not liable unless the charter parties intended otherwise or the negligence fell within their traditional spheres of control (timing, route, cargo). Saudi attempted to establish liability through "Good Samaritan" and "chattel known to be dangerous" doctrines based on Koch's vessel vetting process, but the Court found no evidence of increased risk, undertaking of another's duty, or detrimental reliance. Concluding that Koch had no responsibility for the crane's condition under the time charter, the Court granted summary judgment for KSI and KS&T.

Maritime LawPersonal InjurySummary JudgmentTime Charterer LiabilityVessel UnseaworthinessJones Act NegligenceCrane AccidentAdmiralty JurisdictionDuty of CareGood Samaritan Doctrine
References
35
Case No. MISSING
Regular Panel Decision

North Star Reinsurance Corp. v. Continental Insurance

The court addresses the novel legal issue of "preindemnification" and the application of the "antisubrogation rule" in cases involving disputes among insurance carriers over work site injuries. It rejects the "preindemnification" doctrine, which contractors asserted would prioritize owners' insurance coverage over their own, citing lack of support from contractual language, premium disparities, or common-law indemnification principles. However, the court affirms and extends the narrower antisubrogation rule, preventing an insurer from seeking recovery from its own insured for the same risk, even when multiple policies are involved. This rule is applied to bar subrogation claims in the cases of Prince and Valentin, but not in North Star due to specific policy exclusions.

Insurance LawIndemnificationSubrogationPreindemnification DoctrineAntisubrogation RuleWorkers' CompensationGeneral Contractors' Liability (GCL) InsuranceOwners' Contractors' Protective (OCP) InsuranceVicarious LiabilityContractual Obligation
References
29
Case No. MISSING
Regular Panel Decision

United States Fidelity & Guaranty Co. v. Slaughter

R.B. Slaughter, an employee of Basin Testers, Inc., tragically died after a fall in a company shower. His widow subsequently filed a claim for death benefits under the Texas Workers' Compensation Act, which the trial court granted. The insurance company appealed this decision, raising concerns about the admissibility of a res gestae statement and challenging the sufficiency of evidence to prove Slaughter was within the course and scope of his employment. However, the appellate court affirmed the original judgment, concluding that ample independent evidence existed, even without the disputed statement, to establish Slaughter's eligibility for benefits under the personal convenience doctrine.

Workers' CompensationDeath BenefitsPersonal Convenience DoctrineCourse of EmploymentScope of EmploymentRes GestaeHearsayLegal SufficiencyFactual SufficiencyAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Gore v. Amoco Production Co.

This case concerns a common law personal injury action brought by an employee against her employer. The plaintiff was injured after falling over a roll of carpeting at work and subsequently received a settlement from the employer's compensation carrier under the Texas Workers’ Compensation Act. Despite this, she asserted a common law action, arguing the employer was liable in a dual capacity as both employer and occupier of the premises. The trial court granted summary judgment for the employer, citing the exclusivity provisions of the Workers' Compensation Act. The appellate court affirmed this decision, rejecting the 'dual capacity' doctrine based on strong precedent from Cohn v. Spinks Industries, Inc., which emphasized that the Workers' Compensation Law represents the exclusive remedy in Texas.

Dual Capacity DoctrineWorkers' Compensation ActExclusivity ProvisionCommon Law ActionSummary JudgmentPersonal InjuryEmployer LiabilityPremises LiabilityAppellate ReviewLegal Precedent
References
3
Case No. MDL No. 1038
Regular Panel Decision
Aug 26, 2002

In Re Norplant Contraceptive Products Liability Litigation

This multidistrict products liability action involved thousands of plaintiffs alleging injuries from the Norplant contraceptive device against American Home Products Corporation and its subsidiaries. The court considered two motions for partial summary judgment. The first, concerning the 'learned intermediary doctrine' and 26 primary side effects, was granted in part and denied for 10 plaintiffs whose cases were governed by New Jersey law due to an advertising exception. The second motion, addressing over 950 'exotic conditions' for which no causation evidence was presented, was granted against all plaintiffs. Ultimately, the court granted summary judgment against 2,960 plaintiffs, effectively concluding the MDL proceedings for the majority of the non-settling cases.

Products LiabilityNorplantContraceptive DeviceLearned Intermediary DoctrineCausationSummary JudgmentMultidistrict LitigationFailure to WarnPharmaceuticalsTexas Law
References
61
Case No. MISSING
Regular Panel Decision

Blum v. General Electric Co.

This is a consolidated action brought by 211 plaintiffs, both American and German, against Lucent Technologies, Inc., General Electric Company, Raytheon Company, and Honeywell International, Inc. The plaintiffs, members of German or American armed forces, allege exposure to dangerous levels of ionizing radiation from radar systems, causing various types of cancers. Defendants moved to sever and dismiss the German plaintiffs' claims based on the doctrine of *forum non conveniens*, arguing that Germany is a more convenient forum. The Court granted in part and denied in part the motion. It denied dismissal for German plaintiffs who alleged a connection to Fort Bliss or other U.S. military bases, citing U.S. local interest, but granted dismissal for German plaintiffs with no alleged connection to the United States.

Forum Non ConveniensSeveranceDismissalConsolidated ActionGerman PlaintiffsAmerican PlaintiffsRadar SystemsIonizing RadiationProduct LiabilityMilitary Training
References
32
Case No. MISSING
Regular Panel Decision

Johnson v. Horizon Lines, LLC

Eddie Johnson, a seaman, sued Horizon Lines LLC and the vessel MTV HORIZON CONSUMER for personal injuries suffered after falling through an uncovered hatch on the main deck while working. Johnson alleged negligence under the Jones Act and unseaworthiness, moving for partial summary judgment on liability. He contended that the defendant's violations of specific Coast Guard regulations precluded a comparative negligence defense. The court, presided by Senior District Judge Haight, denied Johnson's motion, determining that the invoked Coast Guard regulations did not apply to an open hatch in the manner argued. Therefore, the court concluded that the conditions did not establish negligence per se or preclude the doctrine of comparative fault. The case will proceed to a jury for determination of negligence, contributory negligence, causation, and damages.

Seaman InjuryMaritime LawJones ActUnseaworthinessComparative NegligenceCoast Guard RegulationsSummary Judgment MotionHatch AccidentVessel SafetyFederal Employers' Liability Act (FELA)
References
16
Case No. MISSING
Regular Panel Decision

Watson v. Gulf Stevedore Corp.

The petitioner, a longshoreman, was injured in February 1957 while working for the respondent stevedoring company in the Port of Houston. The petitioner sued his employer directly, arguing he was a third-party beneficiary of an implied warranty of workmanlike performance, which, if breached, rendered the vessel unseaworthy. This suit was brought despite the exclusive liability provision of the Longshoremen’s and Harbor Workers’ Compensation Act. The petitioner cited *Reed v. The Yaka* and the indemnity principle from *Ryan Stevedoring Co.* to support an extension of these doctrines. However, the court found no legal precedent to extend these propositions to allow a direct suit against the employer in this context, especially since the respondent was not the vessel owner pro hac vice and there was no prior adjudication of the vessel's liability. Consequently, the respondent’s Motion to Dismiss was granted, and the libel was dismissed with prejudice.

LongshoremanHarbor WorkerWorkers' Compensation ActThird-Party BeneficiaryImplied WarrantyVessel UnseaworthinessStevedoring CompanyMotion to DismissExclusive RemedyIndemnity
References
4
Case No. MISSING
Regular Panel Decision

Gjertsen v. Mawson & Mawson, Inc.

This case involves an appeal concerning an action to recover damages for personal injuries sustained by a dockworker at a construction site. The plaintiff's employer, George W. Rogers, Inc., had paid workers' compensation. The appellants, Ingram & Greene, Inc. (a subcontractor) and H. Sand & Co., Inc. (the general contractor), sought indemnification from the employer, George W. Rogers, Inc., for the plaintiff's injuries. The initial order from the Supreme Court, Kings County, had dismissed their cross-claims and denied H. Sand & Co., Inc.'s motion to amend its answer. The appellate court reversed this order, finding that federal maritime law allows for indemnification based on either an express agreement or an implied warranty of workmanlike performance, and that Labor Law sections 240(1) and 241(6) impose liabilities equivalent to the doctrine of unseaworthiness.

Personal InjuryIndemnificationCross-claimsLongshoremen's and Harbor Workers' Compensation ActFederal Maritime LawState Court JurisdictionImplied Warranty of Workmanlike PerformanceLabor Law ViolationsStrict LiabilityThird-Party Beneficiary
References
13
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