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Case Law Database

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

Case No. 01-21-00008-CV
Regular Panel Decision
Aug 29, 2024

Sealy Emergency Room, L.L.C. and Kannappan Krishnaswamy, M.D. v. Dr. Atul Dhingra, Dr. Swapan Dubey and Dr. Sanjeev Dubey

Appellants Sealy Emergency Room, L.L.C., and Dr. Kannappan Krishnaswamy appealed a trial court's summary judgment in favor of appellees Free Standing Emergency Room Managers of America, L.L.C., Dr. Atul Dhingra, Dr. Swapan Dubey, and Dr. Sanjeev Dubey. The dispute arose from a management agreement for an emergency room, with appellants bringing counterclaims and third-party claims for breach of contract, fraud, fraudulent inducement, and negligence. After a previous dismissal for lack of appellate jurisdiction was reversed by the Texas Supreme Court, the First District of Texas Court of Appeals reviewed the merits. The court found that the appellants failed to raise a genuine issue of material fact on any of their claims, concluding that the alleged breaches of contract were not supported by the agreement's plain language or that the best-efforts clause was unenforceable. Furthermore, claims of fraud and negligence were not substantiated or were barred by the economic loss rule. Therefore, the appellate court affirmed the trial court's summary judgment.

Contract DisputeSummary JudgmentAppellate ReviewBreach of ContractFraudFraudulent InducementNegligenceEconomic Loss RuleTexas LawHealthcare Management
References
45
Case No. 1:11-CV-330
Regular Panel Decision

Hamilton County Emergency Communications District v. Bellsouth Telecommunications, LLC

The case concerns multiple Emergency Communications Districts (ECDs) in Tennessee, led by Hamilton County ECD, suing BellSouth Telecommunications, LLC (d/b/a AT&T Tennessee) for allegedly under-billing, under-collecting, and under-remitting 911 emergency service charges. The plaintiffs asserted claims including violations of the Tennessee False Claims Act, the Emergency Communications District Law (ECD Law), breach of fiduciary duty, various misrepresentation claims (fraudulent, negligent, and concealment), and common law negligence, also seeking declaratory and injunctive relief. The court granted in part and denied in part the defendant's motion to dismiss, specifically dismissing claims related to the ECD Law (Count II) and negligence/negligence per se (Count VII). However, it allowed the False Claims Act, breach of fiduciary duty, misrepresentation, and declaratory/injunctive relief claims to proceed. The court also denied the plaintiffs' motion for partial summary judgment, deeming it premature.

911 Emergency ServicesTelecommunicationsTennessee False Claims ActEmergency Communications District LawBreach of Fiduciary DutyFraudulent MisrepresentationFraudulent ConcealmentNegligent MisrepresentationDeclaratory JudgmentPermanent Injunction
References
51
Case No. 01-19-00971-CV
Regular Panel Decision
Dec 23, 2021

Patriot Contracting, LLC and Travelers Casualty & Surety Co. of America v. Shelter Products, Inc.

This case involves an appeal by Patriot Contracting, LLC (general contractor) and Travelers Casualty & Surety Company of America (surety) challenging a trial court's judgment. The judgment was in favor of appellees Shelter Products, Inc. (material supplier) and Kancor Companies, LLC (subcontractor). The original suit involved claims for breach of contract, statutory violations under the Texas Construction Trust Fund Act and Texas Public Prompt Pay Act, and judicial foreclosure of mechanic's and materialman's liens. The core dispute stemmed from Patriot's alleged failure to pay Kancor for work on the Temenos project, which in turn led to Kancor's inability to pay Shelter for materials. The appellate court reviewed the trial court's findings on Mary Carter agreements, sufficiency of evidence regarding material breach, improper jury argument, jury charge errors, perfection of liens, attorney's fees, pre-judgment interest, and declaratory judgment. The Court of Appeals affirmed the trial court's judgment in its entirety.

Construction LawBreach of ContractPayment BondMechanic's LienMaterialman's LienTexas Construction Trust Fund ActTexas Public Prompt Pay ActAppellate ReviewDirected VerdictJury Instruction
References
69
Case No. MISSING
Regular Panel Decision

Mocic v. Sumner County Emergency Medical Services

Kimberly Mocic, an EMT, sued Sumner County Emergency Medical Services (SCEMS) for pregnancy and sex discrimination, and retaliation under Title VII and the Tennessee Human Rights Act. Mocic alleged a hostile work environment due to comments about her pregnancy and uniform, refusal of light duty work, and retaliation for filing an EEOC charge. The Court granted summary judgment for SCEMS on Mocic's uniform policy and light duty sex discrimination claims, finding she failed to establish an adverse employment action for the uniform policy and could not identify similarly situated male employees for the light duty claim. However, the Court denied summary judgment on the hostile work environment and retaliation claims, concluding that genuine disputes of material fact existed regarding the gender basis and severity of harassment, and the adequacy of SCEMS's investigation and motivation for Mocic's termination.

Pregnancy DiscriminationHostile Work EnvironmentRetaliationTitle VIITennessee Human Rights ActSummary JudgmentEmployment DiscriminationWorkplace HarassmentUniform PolicyLight Duty Work
References
36
Case No. 11-10-00306-CV
Regular Panel Decision
Aug 23, 2012

CareFlite v. Rural Hill Emergency Medical Services, Inc.

CareFlite initiated a lawsuit seeking a writ of mandamus to compel Rural Hill Emergency Medical Services, Inc. to disclose information under the Texas Public Information Act (TPIA). Rural Hill counterclaimed, requesting a declaratory judgment that it was not a governmental body subject to the TPIA. The trial court granted Rural Hill's motion for summary judgment and denied CareFlite's. On appeal, CareFlite challenged this ruling, arguing that Rural Hill was supported by public funds through non-arms-length contracts and provided services traditionally offered by governmental bodies. The Eleventh Court of Appeals affirmed the trial court's decision, concluding that the contractual relationships between Rural Hill and the cities constituted arms-length transactions, thereby exempting Rural Hill from the TPIA's "governmental body" definition. The court also upheld the propriety of Rural Hill's declaratory judgment counterclaim.

Texas Public Information ActGovernmental BodyPublic FundsArms-length TransactionDeclaratory JudgmentSummary JudgmentAppellate ReviewEmergency Medical ServicesNonprofit CorporationContract Law
References
21
Case No. 09-03-051 CV
Regular Panel Decision
Dec 11, 2003

Magnolia Bend Volunteer Fire Department, Inc. v. John J. McDonnell and Montgomery County Emergency Services District No. 5

The Magnolia Bend Volunteer Fire Department, Inc. (Fire Department) sued Montgomery County Emergency Services District No. 5 (the District) and John McDonnell, alleging improper transfer of property and breach of fiduciary duty. The District counterclaimed, asserting the original deed placing title in the Fire Department's name was constitutionally void and seeking a resulting trust. The trial court sided with the District, finding the deed void and imposing a resulting trust, and ruled against the Fire Department's claims. The Fire Department appealed, raising issues regarding McDonnell's fiduciary duty, the voidness of the deed, and the imposition of a resulting trust. The Court of Appeals affirmed the trial court's judgment, finding no reversible error in the trial court's findings.

Warranty DeedAssignment of LeaseBreach of Fiduciary DutyResulting TrustConstitutional LawTexas ConstitutionProperty OwnershipPublic FundsVolunteer Fire DepartmentEmergency Services District
References
12
Case No. 09-06-399 CV
Regular Panel Decision
Mar 08, 2007

Cypress Creek Emergency Medical Services, Inc. v. Steven Cosby and Kristen Lee Cosby, Individually and A/N/F of Brndyn Cosby and Peyton Cosby

Cypress Creek Emergency Medical Services, Inc. appealed the denial of its plea to the jurisdiction in a lawsuit filed by the Cosbys for injuries sustained by Steven Cosby from an explosive device detonated by a Cypress Creek employee, Eugene H. Williams, Jr. Cypress Creek asserted governmental immunity under the Texas Tort Claims Act, arguing it was a governmental unit and the employee was not acting within the scope of employment. The Cosbys argued Cypress Creek was not a governmental unit due to its advanced tactical team performing law enforcement duties affecting its tax-exempt status. The appellate court determined Cypress Creek was a governmental unit and that the Cosbys failed to establish a waiver of immunity because the employee was not acting within the scope of his employment. The trial court's order was reversed, and the Cosbys' claims against Cypress Creek were dismissed for want of jurisdiction.

Governmental ImmunityTexas Tort Claims ActScope of EmploymentEmergency Medical ServicesPlea to the JurisdictionTax-Exempt StatusAppellate ReviewPersonal InjuryExplosive DeviceAdvanced Tactical Team
References
11
Case No. MISSING
Regular Panel Decision
Feb 24, 1987

Greenpoint Renaissance Enterprise Corp. v. City of New York

This case involves an appeal concerning the City of New York's plan to increase the number of buildings used as a shelter for homeless men at the Greenpoint Hospital site. Petitioners, including the Greenpoint Renaissance Enterprise Corporation, sought compliance with the Uniform Land Use Review Procedure (ULURP) and the filing of an environmental impact statement (EIS), and an injunction against using the West Building. The Supreme Court initially granted relief. On appeal, the judgment was modified, deleting findings on environmental impact and vacating the injunction. The appellate court found that the Supreme Court exceeded its jurisdiction by making administrative decisions regarding environmental impact and that an emergency exemption applied to the West Building, allowing the city to proceed.

Homeless Shelter ExpansionEnvironmental ReviewLand Use ProcedureInjunctionEmergency ExemptionGreenpoint HospitalSEQRA ComplianceCEQR ComplianceULURP ComplianceJudicial Review Scope
References
6
Case No. 12-15-00014-CV
Regular Panel Decision
Jun 03, 2015

East Texas Medical Center D/B/A East Texas Medical Center Emergency Medical Services v. Jody Delaune Individually and as Personal Representative of the Estate of Crystal Delaune, and as Next Friend of D. D., D. D. and D. A. D., Minors

The appellant, East Texas Medical Center (ETMC), appeals a judgment finding it negligent for failing to train its EMS providers. The core issue revolves around whether ETMC adequately trained its employees on patient restraint protocols in a behavioral emergency, which allegedly led to the death of Crystal Delaune. ETMC argues that there is legally insufficient evidence to establish proximate cause because the EMS providers were previously found not negligent. Additionally, ETMC contends the appellee's expert testimony on the standard of care and breach was conclusory and based on improper inference-stacking. The appellant seeks a reversal of the verdict and a take-nothing judgment.

Negligent TrainingProximate CauseLegal Sufficiency of EvidenceStandard of CareEmergency Medical ServicesAppellate ReviewSummary JudgmentEmployee MisconductMedical Negligence DefenseExpert Witness Testimony
References
51
Case No. MISSING
Regular Panel Decision

Koster v. Webb

This is an action under 42 U.S.C. § 1983 where two homeless families, Koster and Weatherly, sued defendants Purcell and D'Elia for unlawfully denying them emergency shelter in Nassau County. Plaintiffs alleged violations of both federal Social Security Act and New York State Social Services Law and Constitution. Defendants moved to dismiss the complaint for failure to state a claim and for summary judgment. The District Court, presided over by Judge Glasser, denied both motions, finding valid federal and state claims. The court emphasized that New York, by participating in the AFDC program, committed to providing emergency family shelter and is bound to fulfill this promise, and that plaintiffs were also entitled to reasoned determination and written notice regarding assistance requests.

homelessnessemergency shelterSocial Security ActAFDC program42 U.S.C. § 1983New York Social Services Lawdue processequal protectionmotion to dismisspublic assistance
References
18
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