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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

Waste Disposal Center, Inc. v. Larson

Waste Disposal Center, Inc. appealed a judgment for Soila Valdez and Michelle Larson concerning property damage, negligence, trespass, and nuisance. Cross-appellants, including Valdez, challenged the dismissal of claims against the Estate of Franklin F. Kelley and the jury charge on strict liability, and the constitutionality of the exemplary damages cap. The court affirmed the jury's finding of property damages but reversed the award for mental anguish, citing insufficient evidence. It also upheld the dismissal against the Kelley Estate on jurisdictional grounds and affirmed the constitutionality of the exemplary damages cap, thereby affirming in part and reversing and rendering in part.

Property DamageNegligenceTrespassNuisanceExemplary DamagesMental AnguishConstitutional LawOpen Courts ProvisionSeparation of PowersJury Verdict
References
38
Case No. MISSING
Regular Panel Decision

Tarrant County Waste Disposal, Inc. v. Doss

John Lee Doss, an employee of Tarrant County Waste Disposal, Inc. (TCWD), sustained personal injuries in a bulldozer fall. TCWD, a non-subscriber to Worker's Compensation, had a blanket accident policy which paid Doss's medical expenses. Doss signed a release related to partial disability coverage but subsequently sued TCWD for common law negligence. The trial court ruled in favor of Doss. TCWD appealed, arguing the release barred the claim, a new trial was justified by newly discovered evidence, and an offset for medical payments was due. The appellate court found the release only applied to policy claims, TCWD lacked diligence regarding new evidence, and that payments from TCWD's policy were not from a collateral source, thus allowing an offset. The judgment was reformed to reduce Doss's recovery by the medical expenses paid and affirmed as reformed.

Workers' Compensation Non-SubscriberBlanket Accident PolicyCollateral Source RuleRelease Agreement InterpretationNewly Discovered EvidenceMotion for New TrialContinuance DenialOffset for Medical ExpensesCommon Law NegligenceDue Diligence
References
7
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. DC-15-604
Regular Panel Decision
Nov 10, 2015

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in Their Official Capacities v. BFI Waste Services of Texas, LP D/B/A Allied Waste Services of Rio Grande Valley

BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley (Plaintiff) sued the City of Rio Grande, Texas and its elected officials (Defendants) after the City attempted to prematurely terminate its exclusive solid waste collection contract with Allied Waste and entered into an agreement with Grande Garbage Collection Co. (Intervenor/Plaintiff). Allied Waste sought a temporary injunction, arguing that the City's actions constituted a breach of contract and violated various constitutional rights, including the Contract Clause and Due Process. The District Court, presided over by Judge Migdalia Lopez, conditionally granted Allied Waste's request for a temporary injunction on November 10, 2015, restraining the City from interfering with Allied Waste's exclusive contractual rights. The defendants, including Grande Garbage Collection Co., are appealing this temporary injunction.

Contract DisputeExclusive FranchiseWaste ManagementMunicipal LawTexas LawConstitutional RightsDue ProcessInterlocutory AppealTemporary InjunctionBreach of Contract
References
31
Case No. 13-00-241-CV
Regular Panel Decision
May 02, 2002

Waste Disposal Center, Inc. v. Larson, Michelle and Soila Valdez

The Court of Appeals for the Thirteenth District of Texas partially affirmed and partially reversed a judgment from a jury trial involving Waste Disposal Center, Inc. as appellant and Michelle Larson and Soila Valdez as appellees. Waste Disposal appealed the jury's award of actual damages for diminution in market value and mental anguish, and exemplary damages. The court found sufficient evidence for diminution in market value for both appellees' properties but reversed the mental anguish damages awarded to Valdez, citing a lack of evidence for severe mental pain. Furthermore, the court upheld the award of exemplary damages, as actual property damages were sustained. Cross-appellants (landowners including Valdez) appealed the dismissal of their suit against the Estate of Franklin F. Kelley and the trial court's failure to charge the jury on strict liability, both of which were affirmed or deemed waived by the appellate court. Finally, Valdez's constitutional challenge to the exemplary damages cap was rejected, with the court affirming its constitutionality under both the open courts provision and separation of powers doctrine.

Property DamageExemplary DamagesMental AnguishDiminution in Market ValueStrict LiabilityJurisdictionEstate LiabilityOpen Courts ProvisionSeparation of PowersConstitutional Law
References
36
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision

Cox v. WASTE MANAGEMENT OF TEXAS, INC.

Appellant Eric Cox sued his employer, Waste Management of Texas, Inc., and his supervisor, Tony Wadley, for sexual harassment, retaliation, assault, and negligent retention or supervision. Cox alleged Wadley engaged in unwelcome romantic and sexual overtures, creating a hostile work environment. Waste Management conducted an investigation, suspended Wadley, and offered Cox alternative work arrangements, which Cox considered insufficient, leading to his resignation. The trial court granted summary judgment for both defendants. The appellate court affirmed the trial court's decision, finding no tangible employment action for quid pro quo harassment, that Waste Management took prompt remedial action for the hostile work environment claim, no adverse employment action for retaliation, no evidence for assault, and that negligent retention/supervision claims were barred by workers' compensation.

Sexual HarassmentHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentNegligent SupervisionNegligent RetentionEmployment DiscriminationTexas Labor LawAppellate Court Decision
References
55
Case No. 14-17-00433-CV
Regular Panel Decision
Feb 21, 2019

Robert Stevenson v. Waste Management of Texas, Inc. and Rigoberto Zelaya

In this personal-injury case, a worker, Robert Stevenson, hired by a temporary-employment supplier suffered serious injuries while performing tasks for Waste Management of Texas, Inc. The trial court granted summary judgment dismissing Stevenson’s negligence claim, citing the Workers’ Compensation Act’s exclusive-remedy provision, asserting Stevenson was an employee of Waste Management. Stevenson appealed, arguing a genuine issue of material fact exists regarding his employment status. The appellate court found that the summary-judgment evidence raises a genuine issue of material fact as to whether Stevenson was Waste Management’s “employee” under the statute. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Employment LawSummary JudgmentIndependent ContractorNegligencePersonal InjuryTemporary EmploymentRight to ControlAppellate ReviewTexas LawMaster Agreement
References
17
Case No. MISSING
Regular Panel Decision

USA Waste Services of Houston, Inc. v. Strayhorn

In this tax protest suit, USA Waste Services of Houston, Inc. appealed the grant of summary judgment in favor of Carole Keeton Strayhorn, Comptroller of Public Accounts, and Greg Abbott, Attorney General of the State of Texas. USA sought a sales tax refund under the sale-for-resale exemption for steam cleaning services it purchased after spilling waste on customers’ property. The district court granted the Comptroller’s motion for summary judgment and denied USA’s motion. The appellate court affirmed the district court’s judgment, concluding that USA failed to demonstrate that the steam cleaning was an integral part of its waste removal service, as it was ordered only after customer complaints and not as an essential, re-billed service or an integral part of their existing contracts.

Sales TaxTax ExemptionSale-for-ResaleStatutory InterpretationSummary JudgmentWaste RemovalSteam Cleaning ServicesAppellate ReviewTexas Tax CodeComptroller of Public Accounts
References
45
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