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

Case No. 10-14-00157-CV
Regular Panel Decision
Jun 04, 2015

Thomas H. Sinclair v. Estate of Fernando Ramirez and Eva Ramirez, Individually, and Personal Representative of the Estate of Fernando Ramirez, and on Behalf of All Wrongful Death Beneficiaries

This case involves an appeal from a jury verdict in a wrongful death and survivorship action. Appellant Thomas H. Sinclair challenges the verdict in favor of the Estate of Fernando Ramirez and Eva Ramirez. Fernando Ramirez died after an altercation at Sinclair's cabaret, following heavy drinking. The jury found Sinclair partly responsible, but the appellate court reversed the judgment, concluding that the appellees failed to present legally sufficient causation evidence directly connecting Sinclair’s purported negligence with the decedent’s death due to the lack of expert medical testimony ruling out other plausible causes.

NegligenceProximate CauseWrongful DeathSurvivorship ActionExpert TestimonyMedical CausationBlunt Force Head InjuriesAlcohol IntoxicationAppellate ReviewLegal Sufficiency
References
37
Case No. MISSING
Regular Panel Decision

Bopp v. Wiest

This is a case of first impression concerning the application of a workers' compensation lien to a wrongful death settlement involving beneficiaries who are not statutory dependents. The decedent's estate received $50,000 in workers' compensation benefits under Workers' Compensation Law § 16 (4-b) following a workplace death, as there were no dependents. The estate's coexecutrices secured a $60,000 wrongful death settlement on behalf of the decedent's adult children. Liberty Mutual, the workers' compensation carrier, asserted a lien against this settlement. The court, presided over by Justice Andrew V. Siracuse, ruled that the 1990 amendment to Workers' Compensation Law § 16 (4-b) made the distinction between dependents and distributees irrelevant in this context. Consequently, the court approved the settlement but confirmed that the proceeds are subject to Liberty Mutual's workers' compensation lien, ensuring that adult children receiving benefits through the estate do not have a superior position to minor dependents receiving direct benefits.

wrongful deathworkers' compensationliensettlementstatutory interpretationdependentsdistributeesNew York lawfirst impressionsubrogation
References
7
Case No. 13-14-00319-CV
Regular Panel Decision
May 21, 2015

Benjamin Ebaseh-Onofa, Individually, as Personal Representative of and on Behalf of All Wrongful Death Beneficiaries of the Estate of Omonosioni Ebaseh-Onofa v. McAllen Hospitals, L. P. D/B/A Edinburg Regional Medical Center

Benjamin Ebaseh-Onofa, representing the estate of his deceased wife, Omonosioni Ebaseh-Onofa, sued McAllen Hospitals, L.P. d/b/a Edinburg Regional Medical Center for wrongful death, alleging gross negligence. Onofa, a nurse at the Hospital's Pediatric Intensive Care Unit, contracted the H1N1 virus and died in 2009. Benjamin claimed the Hospital's failure to provide N95 masks and monitor staff for respiratory illness, as per CDC guidelines, caused her infection. The trial court granted summary judgment in favor of the Hospital, concluding Benjamin failed to provide sufficient evidence of causation for a Health Care Liability Claim. The Court of Appeals affirmed this decision, ruling that Benjamin's claim was an HCLC and that he presented only speculation, not evidence, that Onofa contracted H1N1 at the Hospital, especially since the patient identified as the source tested negative for influenza.

Wrongful DeathGross NegligenceSummary JudgmentCausationHealth Care Liability ClaimMedical MalpracticeH1N1 VirusSwine FluNursing Home/Hospital NegligenceDiscovery Disputes
References
24
Case No. MISSING
Regular Panel Decision

In re the Estate of Muccini

The Surrogate's Court considered a petition to compromise a wrongful death action and settle the administratrix's account. The decedent, a construction foreman, was fatally injured in 1980, survived by his spouse and four sons. A structured settlement was reached with multiple defendants for a court-determined present value of $1,246,578. The court approved the settlement but modified the distribution of proceeds to align with the Kaiser formula and addressed attorneys' fees. It ruled that attorneys' fees should be paid proportionally with the structured settlement receipts, rather than a large upfront sum, to protect the distributees' interests, especially the minor children, and directed proper handling of funds for infant distributees.

Wrongful DeathStructured SettlementAttorneys' FeesInfant DistributeesEstate AdministrationKaiser FormulaSurrogate's CourtGuardian ad litemPresent ValueSettlement Distribution
References
8
Case No. MISSING
Regular Panel Decision
Aug 05, 2013

Mohan v. Atlantic Court, LLC

Edward Mohan sustained injuries at a construction site and later died. His representatives, the plaintiffs, filed an action for personal injuries and wrongful death against the site owner, Atlantic Court, LLC, and the general contractors, Kit Construction, LLC, and Kit Construction Co., Inc. The general contractors then brought a third-party action against Mohan's employer, Eagle One Roofing Contractors, Inc., the subcontractor. The Supreme Court's order granted summary judgment dismissing the wrongful death cause of action and parts of the indemnification claims. On appeal, the order was modified: summary judgment on the wrongful death claim was denied due to factual disputes regarding the causation of Mohan's death, and summary judgment for common-law indemnification against Eagle One was denied due to a factual issue on whether Mohan suffered a grave injury. However, the contractual indemnification claims against Eagle One by Kit Construction Co., Inc. and Atlantic Court, LLC, were affirmed.

Personal InjuryWrongful DeathSummary JudgmentContractual IndemnificationCommon-Law IndemnificationConstruction AccidentSubcontractor LiabilityGeneral ContractorAppellate ReviewCausation (Medical)
References
11
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
Case No. 02A01-9704-CV-00075
Regular Panel Decision
Sep 09, 1997

Gloria Spivey v. James Robinson

This case addresses a conflict between Tennessee's wrongful death statute and its hospitals' liens statute concerning settlement proceeds. Michelle Christi Spivey died in a car accident after receiving treatment at The Regional Medical Center at Memphis (the Med), which subsequently filed a lien for medical expenses. The administratrix of Spivey's estate and guardians for her minor child filed a wrongful death suit, reaching a settlement. The trial court initially ruled that the settlement funds were exempt from the Med's lien, citing the wrongful death statute. However, the Court of Appeals reversed this decision, asserting that the more specific and later-enacted hospitals' liens statute takes precedence over the general wrongful death statute. Consequently, the appellate court awarded the Med $16,666.66, representing one-third of the $50,000 settlement, and remanded the case for further proceedings.

Wrongful DeathHospital LienStatutory InterpretationSettlement ProceedsCreditors' ClaimsTennessee LawMedical ExpensesCar AccidentStatutory ConflictAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Raum v. Restaurant Associates, Inc.

This dissenting opinion argues that the plaintiff, a homosexual partner, should have standing to sue for wrongful-death damages under EPTL 5-4.1. The dissent contends that the motion court erred in dismissing the plaintiff's wrongful-death claim by narrowly interpreting 'surviving spouse'. It asserts that denying homosexual partners, who are legally barred from marrying, the right to sue constitutes an invidious distinction violating the Equal Protection Clauses of the State and Federal Constitutions. The opinion references precedents like Braschi v Stahl Assocs. Co. to support a broader, functional interpretation of the statute to promote public welfare, and distinguishes other cases like Matter of Cooper and Matter of Secord v Fischetti. It concludes that excluding homosexual life partners from the class of persons with standing lacks a rational basis, as it is unrelated to the statute's goals, the State's marriage policy, or administrative convenience, and therefore the decision below should be reversed and the wrongful-death claim reinstated.

Wrongful DeathEqual ProtectionHomosexual PartnersSurviving SpouseEPTL 5-4.1Statutory InterpretationConstitutional LawSame-Sex MarriageRational Basis ReviewStanding to Sue
References
14
Case No. MISSING
Regular Panel Decision

In re the Estate of Green

This proceeding involves an uncontested application for leave to settle and compromise a wrongful death action stemming from a fire on December 4, 1980, which resulted in the death of the decedent, survived by a spouse and three children. The proposed structured settlement totals $5,650,000, comprising a cash payment and annuities purchased through Metropolitan Life Insurance Company, designed to provide guaranteed periodic payments of $37,674,000. The court addresses several issues, including the propriety of attorney's fees, the allocation of annuity costs among beneficiaries based on the Kaiser formula, and potential modifications to equalize shares among the children. The court found the proposed allocation unacceptable as it granted the widow significantly more than her Kaiser share and penalized the children, and also identified drawbacks in the guardian ad litem's suggestion due to its impact on the youngest child from inflation and a substantial reduction in their Kaiser entitlement. The decision concludes by proposing modifications to the guardian's plan, including increasing annual support and adjusting shares between the middle and youngest child, and ultimately remands the matter for reconsideration due to the changes affecting the parties and the widow's annuity.

Wrongful Death SettlementStructured SettlementAnnuity AllocationPecuniary LossDependency PeriodBeneficiary SharesKaiser FormulaGuardian Ad LitemAttorney's FeesEstate Distribution
References
4
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision

Testerman v. Zielinski

The case involves three consolidated appeals stemming from a personal injury action and a wrongful death action after a pickup truck collided with another vehicle. Robert C. Testerman, a passenger in the pickup truck, commenced a personal injury action. Daniel D. Bigelow initiated a wrongful death action as executor of the estates of Tenny Bigelow and Douglas L. Bigelow, the occupants of the other vehicle. The collision occurred when Rachel L. Zielinski, operating a pickup owned by her employer Pisa Electrical Construction & Manufacturing, Inc., drove through a stop sign. In Appeal No. 2, the court affirmed the dismissal of Testerman's personal injury claim against Pisa, citing Workers' Compensation Law's exclusive remedy provision. However, in Appeal No. 1, the court reversed the summary judgment dismissing Testerman's claim against Daniel Bigelow, finding insufficient evidence that Tenny Bigelow used reasonable care. Similarly, in Appeal No. 3, the court reversed the partial summary judgment on liability granted to Daniel Bigelow in the wrongful death action, for the same reasons as Appeal No. 1.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawVehicle and Traffic LawAutomobile AccidentExclusive RemedyEmployer LiabilityVicarious LiabilityAppellate Review
References
7
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