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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Thurmon v. Sellers

This case concerns consolidated appeals arising from a fatal car accident where a five-year-old child died and others sustained injuries. Plaintiffs Dana Scott and Shane Thurmon, parents of the deceased, and Carl J. Fuhs, the other driver, sued Donald E. Sellers, Sr., and his son, Donald Edward Sellers, Jr. The appellate court affirmed the trial court's dismissal of vicarious liability under respondeat superior but reversed the dismissal under the family purpose doctrine, finding Mr. Sellers vicariously liable. The court also held that parents can recover filial consortium damages in wrongful death actions and affirmed the wrongful death award for Mrs. Scott and the negligent infliction of emotional distress award for Mr. Fuhs. The case is remanded for judgment consistent with the opinion.

Personal InjuryWrongful DeathVicarious LiabilityRespondeat SuperiorFamily Purpose DoctrineLoss of Filial ConsortiumNegligent Infliction of Emotional DistressAppellate ReviewAutomobile AccidentOn Call Employee Liability

References

Case No. MISSING

Regular Panel Decision

American Home Assurance Co. v. McDonald

This declaratory judgment action involves American Home Assurance Company seeking to limit its liability under professional liability policies issued to social workers Rory M. McDonald and Helene Ina Anisfeld, who are defendants in an underlying malpractice action brought by Randy Kamhi. Kamhi alleges sexual misconduct and professional negligence against McDonald, and vicarious liability and direct negligence against Anisfeld as McDonald's partner. American Home sought summary judgment to limit indemnification to $25,000 for sexual misconduct claims and punitive damages. The court granted summary judgment in part, affirming the $25,000 limit for McDonald's sexual misconduct and for punitive damages for both McDonald and Anisfeld. However, the court denied the request to terminate American Home's duty to defend McDonald upon exhausting the $25,000 limit and granted Kamhi's cross-motion to stay further summary judgment applications until discovery in the underlying action is complete. Crucially, the court found that extending the sexual misconduct coverage limit to non-sexual malpractice claims violates New York public policy.

Professional Liability InsuranceSexual MisconductInsurance Coverage DisputeDeclaratory JudgmentSummary Judgment MotionPublic Policy ArgumentTherapist MalpracticeDuty to DefendDuty to IndemnifyUnconscionability Claim

References

Case No. MISSING

Regular Panel Decision

Chainani v. Board of Education

This consolidated appeal addresses the liability of public schools for student injuries occurring between their homes and bus stops when transportation is provided by independent bus companies. In Chainani v Board of Educ., an eight-year-old was struck by a bus after disembarking, and the Court affirmed the Appellate Division's decision to reverse the Board of Education's vicarious liability, while upholding the bus company's and driver's liability. In Bruce v Hasbrouck, a nine-year-old was injured crossing a highway to an unauthorized bus stop; the Court affirmed the ruling that the school district held no direct or vicarious liability. The Court reasoned that schools, by contracting transportation, are not primarily responsible for driver actions or injuries outside their direct custody, nor is student transportation inherently dangerous to warrant vicarious liability.

School LiabilityStudent TransportationBus AccidentIndependent ContractorVicarious LiabilityDirect LiabilityVehicle and Traffic LawNondelegable DutyInherently Dangerous ActivityProximate Cause

References

Case No. 03-17-00534-CV

Regular Panel Decision

Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

This is an appeal from a summary judgment in a personal injury car-crash case involving an incapacitated person, Douglas Lee Stroup (Appellant). Appellant sued Penny Harrington Taylor for negligence and MRM Management, Inc. (Appellee) for vicarious liability, alleging Taylor, a licensed real estate salesperson, was acting for MRM. Appellee's motion for summary judgment was granted, asserting Taylor was an independent contractor, thus negating vicarious liability. Appellant argues that the independent contractor agreement is void under the Texas Occupation Code, which assigns liability to brokers for their salespersons' tortious conduct. Furthermore, Appellant contends that MRM should be estopped from relying on the agreement, and that factual disputes exist regarding Taylor's employment status, joint-enterprise liability, and statutory vicarious liability under the Texas Occupations Code. Appellant seeks to reverse the trial court's order granting summary judgment, arguing sufficient evidence was presented to raise genuine issues of material fact for trial.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal

References

Case No. MISSING

Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship

References

Case No. 08-06-00071-CV

Regular Panel Decision

Aug 30, 2007

Vincent Maes and Cynthia Maes and the Insurance Company of the State of Pennsylvania v. El Paso Orthopaedic Surgery Group

Vincent and Cynthia Maes and The Insurance Company of the State of Pennsylvania appealed the dismissal of a health care liability suit against El Paso Orthopaedic Surgery Group (EPOSG). The Maeses alleged negligence and vicarious liability against EPOSG after Vincent Maes suffered severe complications following back surgery by Dr. Paul Cho, an EPOSG neurosurgeon. The trial court dismissed all claims against EPOSG, finding the expert reports insufficient to address EPOSG's breach of the standard of care, even for vicarious liability claims. On appeal, the Court reviewed whether an expert report was necessary for vicarious liability claims and if the severance of claims against EPOSG was proper. The appellate court ultimately affirmed the trial court's judgment, upholding the dismissal of all claims against EPOSG and the severance.

Health Care LiabilityMedical MalpracticeExpert Report SufficiencyVicarious LiabilityRespondeat SuperiorDismissal with PrejudiceSeverance of ClaimsSpinal Surgery ComplicationsNeuroscienceOrthopedic Surgery Group Liability

References

Case No. MISSING

Regular Panel Decision

Oct 31, 2002

O'Gorman v. Journal News Westchester

Plaintiffs Dennis O'Gorman and his wife sued Jean Alcenat for personal injuries after a vehicle collision. They later added Journal News Westchester as a defendant, asserting vicarious liability as Alcenat was delivering newspapers for them. The plaintiffs moved for partial summary judgment, arguing collateral estoppel based on a Workers' Compensation Board (WCB) determination that Alcenat was an employee of Journal News. Journal News opposed, arguing Alcenat was an independent contractor and the WCB's finding wasn't dispositive for vicarious liability. The Supreme Court denied both motions, and the plaintiffs appealed the denial of their partial summary judgment motion. The appellate court affirmed, finding that the WCB's determination of an employer-employee relationship was a mixed question of law and fact, not purely evidentiary, and therefore not entitled to preclusive effect for vicarious liability purposes.

Collateral EstoppelVicarious LiabilityEmployer-Employee RelationshipIndependent ContractorWorkers' Compensation BoardSummary JudgmentAppellate ReviewMixed Question of Law and FactAdministrative Agency DeterminationPersonal Injury

References

Case No. MISSING

Regular Panel Decision

Nov 09, 2000

St. Joseph Hospital v. Wolff

This case concerns the vicarious liability of St. Joseph Hospital, a teaching hospital, for the alleged negligence of Dr. Mario Villafani, a resident in its sponsored medical residency program. Stacy Wolff suffered severe brain damage after a tracheostomy performed by Villafani at Brackenridge Hospital. The Wolffs sued St. Joseph, alleging various theories of vicarious liability including employment, joint enterprise, joint venture, "mission," and ratification. The Supreme Court of Texas reversed the court of appeals' judgment, finding insufficient evidence to support the jury's findings on joint enterprise, joint venture, ratification, and "mission" liability. The Court also concluded that Villafani was acting as the borrowed employee of the Central Texas Medical Foundation (Foundation) as a matter of law, meaning St. Joseph was not vicariously liable for his actions.

Vicarious LiabilityJoint EnterpriseJoint VentureRespondeat SuperiorBorrowed EmployeeMedical MalpracticeResidency ProgramTeaching HospitalPhysician NegligenceHospital Liability

References

Case No. 2021 NY Slip Op 07006 [200 AD3d 891]

Regular Panel Decision

Dec 15, 2021

Norwood v. Simon Prop. Group, Inc.

The plaintiff, Victor Norwood, appealed an order from the Supreme Court, Nassau County, which granted summary judgment dismissing his personal injury complaint against Simon Property Group, Inc., AMC Entertainment, Inc., and AMC Lowes Roosevelt Field 8. The lawsuit stemmed from an altercation at a movie theater with a manager, Eric C. Adams. The Appellate Division affirmed the dismissal of the vicarious liability claim against Simon Property Group, Inc., but modified the order by denying summary judgment to AMC Entertainment, Inc. and AMC Lowes Roosevelt Field 8 on the vicarious liability claim. The court determined that a jury could find that the AMC defendants' employee, Eric C. Adams, was acting within the scope of his employment, despite using unauthorized force, thus making the issue of vicarious liability for the AMC defendants appropriate for trial.

Vicarious LiabilityScope of EmploymentSummary JudgmentPersonal InjuryEmployee MisconductAssault and BatteryNegligent HiringAppellate ReviewManager ResponsibilitiesSecurity Protocol

References

Case No. 2025 NY Slip Op 02947 [238 AD3d 919]

Regular Panel Decision

May 14, 2025

Pisculli v. Tew

The plaintiff, Louis Pisculli, a machine operator, sustained personal injuries when he was allegedly struck in the head by an excavator bucket while working at the defendants' facility. He commenced an action asserting common-law negligence and a violation of Labor Law § 200, alleging both direct negligence for failing to provide a hard hat and vicarious liability for the alleged negligent acts of the excavator operator, David Hartmann. The Supreme Court granted summary judgment dismissing the Labor Law § 200 claim and the common-law negligence claim based on failure to provide a hard hat, finding the defendants did not supervise the work means or methods. However, it denied summary judgment on the vicarious liability claim, noting triable issues of fact regarding the accident's occurrence. The Appellate Division affirmed this order, agreeing that the defendants established they lacked supervisory control for the Labor Law § 200 claim, but failed to eliminate factual disputes concerning the vicarious liability claim.

Personal InjuryLabor Law § 200Common-Law NegligenceSummary JudgmentVicarious LiabilitySafe Place to WorkExcavator AccidentHard HatTriable Issues of FactAppellate Review

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Thurmon v. Sellers

References

Case No. MISSING

Regular Panel Decision

American Home Assurance Co. v. McDonald

References

Case No. MISSING

Regular Panel Decision

Chainani v. Board of Education

School LiabilityStudent TransportationBus AccidentIndependent ContractorVicarious LiabilityDirect LiabilityVehicle and Traffic LawNondelegable DutyInherently Dangerous ActivityProximate Cause

References

Case No. 03-17-00534-CV

Regular Panel Decision

Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal

References

Case No. MISSING

Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

References

Case No. 08-06-00071-CV

Regular Panel Decision

Aug 30, 2007

Vincent Maes and Cynthia Maes and the Insurance Company of the State of Pennsylvania v. El Paso Orthopaedic Surgery Group

References

Case No. MISSING

Regular Panel Decision

Oct 31, 2002

O'Gorman v. Journal News Westchester

References

Case No. MISSING

Regular Panel Decision

Nov 09, 2000

St. Joseph Hospital v. Wolff

Vicarious LiabilityJoint EnterpriseJoint VentureRespondeat SuperiorBorrowed EmployeeMedical MalpracticeResidency ProgramTeaching HospitalPhysician NegligenceHospital Liability

References

Case No. 2021 NY Slip Op 07006 [200 AD3d 891]

Regular Panel Decision

Dec 15, 2021

Norwood v. Simon Prop. Group, Inc.

Vicarious LiabilityScope of EmploymentSummary JudgmentPersonal InjuryEmployee MisconductAssault and BatteryNegligent HiringAppellate ReviewManager ResponsibilitiesSecurity Protocol

References

Case No. 2025 NY Slip Op 02947 [238 AD3d 919]

Regular Panel Decision

May 14, 2025

Pisculli v. Tew

Personal InjuryLabor Law § 200Common-Law NegligenceSummary JudgmentVicarious LiabilitySafe Place to WorkExcavator AccidentHard HatTriable Issues of FactAppellate Review

References

Showing 1-10 of 5,155 results

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