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Case Law Database

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

Case No. 2018-06-0018

Regular Panel Decision

May 31, 2019

Coon, Gerald C. v. Commercial Warehouse and Cartage, Inc.

The case involves Gerald C. Coon's claim for a work-related back injury against his employer, Commercial Warehouse and Cartage, Inc., and its insurer, Westfield Group. Mr. Coon alleged an injury from a malfunctioning safety lanyard, but later experienced severe back pain at home, attributing it to lifting a heavy box at work. The panel physician, Dr. Robert Carver, concluded that Mr. Coon's injury was not work-related. The Court granted the defendants' motion for involuntary dismissal, finding that Mr. Coon failed to provide expert medical proof of causation, a required element for his workers' compensation claim, and did not rebut Dr. Carver's presumed correct medical opinion. Consequently, the claim was dismissed with prejudice.

Workers' CompensationMedical CausationInvoluntary DismissalBack InjuryPanel PhysicianExpert Medical ProofBurden of ProofTennessee LawLanyard IncidentHome Injury

References

Case No. MISSING

Regular Panel Decision

Safety Cas. Co. v. Malvoux

Randolph Malvoux, an employee of Magnolia Petroleum Company, sued Safety Casualty Company for Workman’s Compensation due to an alleged accidental injury from overheating during employment on January 29, 1946. The jury found that Malvoux sustained an injury by overheating in the course of employment, which caused paresis, and that this injury resulted in total and permanent incapacity. The appellant, Safety Casualty Company, appealed the judgment, arguing insufficient evidence. The appellate court reviewed the evidence, including medical testimony supporting the link between overheating and the activation of syphilis leading to paresis, and found it sufficient. The court also upheld the trial judge's discretion in refusing to reopen the case for additional testimony. Ultimately, all of the appellant's points were overruled, and the trial court's judgment was affirmed.

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review

References

Case No. MISSING

Regular Panel Decision

Carpenter v. Waxahachie Cotton Warehouse

Jess Carpenter sued Mrs. N. A. McMillan, doing business as Waxahachie Cotton Warehouse, for minimum wages and overtime compensation under the Fair Labor Standards Act of 1938. The trial court found that neither party was engaged in interstate or foreign commerce, and even if they were, Carpenter's employment as a night watchman at a cotton warehouse in Waxahachie, Texas, fell under the "area of production" exemption of the Act. The appellate court, presided over by Justice HALE, affirmed the lower court's judgment. The court concluded that Carpenter failed to establish his engagement in interstate commerce and that the evidence sufficiently supported the application of the agricultural exemption, considering the local origin of the cotton and the small number of employees.

Fair Labor Standards ActFLSAWage and HourInterstate CommerceAgricultural ExemptionArea of ProductionCotton WarehouseNight WatchmanTexas LawEmployment Law

References

Case No. MISSING

Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

Thomas Doss and Releo, Inc. (plaintiffs) filed an action seeking to enjoin the Consumers Product Safety Commission (CPSC) from enforcing certain sections of the Consumers Product Safety Act against their product, the "Wel-Dex" arc welder, and requested a three-judge panel for constitutional questions. The CPSC had issued a public warning about the Wel-Dex after an investigation, despite the plaintiffs' attempts to secure a prior hearing. The plaintiffs challenged the CPSC's delegation of authority for issuing such warnings and sought pre-enforcement judicial review. The court, presided over by District Judge Noel, determined that the plaintiffs had not exhausted their administrative remedies and that the matter was not ripe for judicial review. Consequently, the defendants' motion to dismiss was granted, and the cause was dismissed.

Consumer Product Safety ActAdministrative LawAgency DiscretionSubdelegation of AuthorityPublic WarningPre-enforcement ReviewExhaustion of Administrative RemediesRipeness for ReviewThree-Judge CourtDue Process

References

Case No. MISSING

Regular Panel Decision

Flores v. Coffield Warehouse Co.

Javier Flores, an employee of Coffield Warehouse Company, suffered severe injuries, including leg amputations, when he was struck by railcars while attempting to repair a conveyer belt on company premises. Flores sued Coffield and Southern Pacific Transportation Company, alleging liability under the Federal Employers' Liability Act (FELA). Southern Pacific was granted summary judgment, which Flores did not appeal. Coffield also moved for summary judgment, arguing it was not a "common carrier by railroad" under FELA and that Flores' claim was limited to workers' compensation benefits. The appellate court affirmed the trial court's summary judgment in favor of Coffield, concluding that Coffield, primarily a grain storage and warehousing business, did not meet the four criteria to be classified as a common carrier by railroad under FELA, and thus was not liable to Flores under the Act.

Federal Employers' Liability ActCommon Carrier by RailroadWorkers' Compensation ActSummary Judgment AffirmationPersonal Injury ClaimRailroad AccidentEmployer LiabilityInterstate CommerceGrain WarehousingEmployee Injury

References

Case No. MISSING

Regular Panel Decision

Martinez v. 342 Property LLC

Defendant Flintlock Construction Services, LLC, a general contractor, hired Site Safety for site safety management. An unnamed plaintiff suffered an accident, leading to claims against Site Safety, including under Labor Law § 200 and common-law negligence, as well as contractual indemnification claims by Flintlock. Site Safety moved for summary judgment, arguing it lacked control over the work site. The court found that Site Safety's role was primarily advisory, with limited authority to stop unsafe work, and thus it lacked the necessary control to incur liability under Labor Law § 200 or common-law negligence. Additionally, the court dismissed Flintlock's contractual indemnification claim, noting the absence of evidence of negligence by Site Safety, which was a prerequisite for indemnification under their contract. The motion court's decision granting summary judgment to Site Safety was affirmed on appeal.

Summary JudgmentSite Safety ManagementGeneral Contractor LiabilityContractual IndemnificationCommon-Law IndemnityLabor Law § 200Negligence ClaimsControl of Work SiteAppellate DecisionConstruction Accident

References

Case No. 2023 NY Slip Op 03287

Regular Panel Decision

Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

Plaintiff Brian Dejesus was injured when a steel tubing fell through a gap in a sidewalk bridge at a construction site. The Appellate Division, First Department, modified a Supreme Court order, addressing multiple indemnification and breach of contract claims among the owner (Downtown Re Holdings LLC), general contractor (Noble Construction Group, LLC), and various subcontractors. The court found triable issues of fact regarding Noble's negligence and granted Downtown summary judgment for common-law indemnification against Rockledge Scaffold Corp. due to its negligence in bridge erection. Claims against City Safety Compliance Corp. were dismissed as its role was merely advisory. The decision also involved contractual indemnification between Downtown/Noble and The Safety Group, Ltd., granting a breach of contract claim against TSG for failing to procure required insurance.

Construction AccidentSidewalk Bridge DefectIndemnification ClaimsCommon-Law IndemnificationContractual IndemnificationSummary JudgmentGeneral Contractor NegligenceSubcontractor LiabilityInsurance ProcurementBreach of Contract

References

Case No. MISSING

Regular Panel Decision

Agricultural Warehouse, Inc. v. Uvalle

Ruben Uvalle, an employee of Delta Engcon, Inc., sued Agricultural Warehouse, Inc. (AWI), the premises owner, and J & 0 Concrete for negligence after falling at a construction site in 1981. Uvalle was injured when a steel column gave way due to misaligned anchor bolts and unsafe erection methods. The jury found AWI ninety percent negligent and J & 0 ten percent negligent, awarding damages to Uvalle and Texas Employers Insurance Association. AWI appealed, asserting errors in the trial court's jury instructions regarding duty of care and the definition of 'inherently dangerous work', as well as the exclusion of evidence concerning Delta's negligence. The appellate court found that the trial court misstated the law, improperly excluded evidence, and incorrectly defined 'inherently dangerous work'. Consequently, the court reversed the judgment and remanded the cause for a new trial.

Personal InjuryNegligencePremises LiabilityIndependent ContractorJury InstructionsDuty of CareExcluded EvidenceInherently Dangerous WorkWorkers' CompensationAppellate Procedure

References

Case No. M2016-00083-COA-R3-CV

Regular Panel Decision

Dec 21, 2016

Vernon Lockhart v. Commissioner of The Tennessee Department of Safety

This appeal arises from a civil forfeiture. Vernon Lockhart was charged and later convicted on a number of criminal counts related to the distribution of large amounts of marijuana. The Tennessee Department of Safety and Homeland Security declared as forfeited certain of Lockhart's properties alleged to be derived from illegal drug transactions. An Administrative Law Judge found in favor of the Department by a preponderance of the evidence, a decision which was affirmed on appeal by the Chancery Court for Davidson County. Lockhart appeals to this Court, arguing that the evidence used against him should have been suppressed and that the ALJ and Trial Court erred by failing to conduct an independent analysis of his suppression issue. The Court of Appeals holds that the ALJ's order of forfeiture was supported by a preponderance of the evidence and that the doctrine of collateral estoppel bars Lockhart from re-litigating the suppression issue. The judgment of the Trial Court upholding the ALJ's forfeiture order is affirmed.

Civil ForfeitureDrug TraffickingCollateral EstoppelSuppression of EvidenceExclusionary RulePreponderance of EvidenceAsset ForfeitureCriminal ConvictionAdministrative LawAppellate Review

References

Case No. 11-20-00145-CV

Regular Panel Decision

Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Justin Schrader sued the Texas Department of Public Safety (DPS) for injuries sustained during his arrest, alleging negligent application of handcuffs and a 'leg sweep' by Trooper Jerry Hale. DPS moved to dismiss the suit, citing sovereign immunity under the Texas Tort Claims Act (TTCA). The trial court granted the dismissal. On appeal, Schrader argued that the TTCA's waiver of immunity applied and that the intentional tort exclusion did not, as Trooper Hale did not intend to injure him. The Eleventh Court of Appeals, however, affirmed the trial court's decision, ruling that the gravamen of Schrader's complaint was excessive force—a battery, an intentional tort—which falls under the TTCA's intentional tort exclusion, thus preserving DPS's sovereign immunity.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal

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. 2018-06-0018

Regular Panel Decision

May 31, 2019

Coon, Gerald C. v. Commercial Warehouse and Cartage, Inc.

Workers' CompensationMedical CausationInvoluntary DismissalBack InjuryPanel PhysicianExpert Medical ProofBurden of ProofTennessee LawLanyard IncidentHome Injury

References

Case No. MISSING

Regular Panel Decision

Safety Cas. Co. v. Malvoux

Workers' CompensationOverheating InjuryParesisSyphilis AggravationAccidental InjuryTotal IncapacityPermanent DisabilityEmployer LiabilityMedical TestimonyAppellate Review

References

Case No. MISSING

Regular Panel Decision

Carpenter v. Waxahachie Cotton Warehouse

Fair Labor Standards ActFLSAWage and HourInterstate CommerceAgricultural ExemptionArea of ProductionCotton WarehouseNight WatchmanTexas LawEmployment Law

References

Case No. MISSING

Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

References

Case No. MISSING

Regular Panel Decision

Flores v. Coffield Warehouse Co.

References

Case No. MISSING

Regular Panel Decision

Martinez v. 342 Property LLC

References

Case No. 2023 NY Slip Op 03287

Regular Panel Decision

Jun 15, 2023

Dejesus v. Downtown Re Holdings LLC

References

Case No. MISSING

Regular Panel Decision

Agricultural Warehouse, Inc. v. Uvalle

Personal InjuryNegligencePremises LiabilityIndependent ContractorJury InstructionsDuty of CareExcluded EvidenceInherently Dangerous WorkWorkers' CompensationAppellate Procedure

References

Case No. M2016-00083-COA-R3-CV

Regular Panel Decision

Dec 21, 2016

Vernon Lockhart v. Commissioner of The Tennessee Department of Safety

Civil ForfeitureDrug TraffickingCollateral EstoppelSuppression of EvidenceExclusionary RulePreponderance of EvidenceAsset ForfeitureCriminal ConvictionAdministrative LawAppellate Review

References

Case No. 11-20-00145-CV

Regular Panel Decision

Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal

References

Showing 1-10 of 1,720 results

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