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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

Goodyear Dunlop Tires North America, Ltd. v. Gamez

This case involves an appeal by Goodyear Dunlop Tires North America, Ltd. challenging a trial court's award of approximately $400,000 in guardian ad litem fees and an additional $30,000 in appellate fees. The underlying litigation was a products liability case involving multiple minor plaintiffs, for whom the guardians ad litem were appointed. Goodyear contested the fees, arguing they were excessive, covered work outside the guardians' scope of duties, included work performed after the case settlement, and featured inappropriate billing practices. The appellate court found insufficient evidence to support the reasonableness of the ad litem fees, noting issues like billing for non-essential tasks, duplicate work, and unreasonable time entries (e.g., billing for sleeping or over 24 hours a day). Consequently, the court reversed the award of appellate fees, finding the trial court lacked plenary jurisdiction to modify the judgment. The aggregate ad litem fees portion of the judgment was reversed and remanded for recalculation consistent with the appellate court's opinion.

Guardian Ad LitemAttorney FeesAppellate FeesProducts LiabilityMinor PlaintiffsFee CalculationScope of DutiesExcessive BillingPlenary JurisdictionAbuse of Discretion
References
35
Case No. MISSING
Regular Panel Decision

In re the Adoption of J.

The case concerns an adoption proceeding initiated by a same-sex couple. The court addresses whether to appoint a guardian ad litem for the adoptive infant, a practice previously common in same-sex adoptions due to their novelty. Citing Matter of Dana, which affirmed the legality of same-sex and heterosexual unmarried couple adoptions, the court found no legal basis to treat same-sex adoptions differently from those by married couples, where a guardian ad litem is not automatically appointed if statutory requirements and social worker reports are favorable. The court concluded that denying equal treatment could violate federal and state equal protection clauses, deciding against appointing a guardian ad litem unless special circumstances are present.

AdoptionSame-sex coupleGuardian ad litemBest interest of childEqual protectionDomestic Relations LawStatutory interpretationCourt of AppealsSurrogate's CourtFamily Law
References
2
Case No. 01-19-00346-CV
Regular Panel Decision
May 20, 2021

Four J's Community Living Center, Inc. and Anthonia Uduma v. Patti J. Wagner, as Guardian of Jenny Ann Wagner, an Incapacitated Adult

The appellants, Four J's Community Living Center, Inc. and Anthonia Uduma, challenged a trial court's judgment in favor of Patti J. Wagner, as guardian of Jenny Ann Wagner. Jenny, an incapacitated adult, sustained severe burns and smoke inhalation in a fire at a residential care facility operated by Four J's and owned by Uduma. The jury found Four J's and Uduma negligent, awarding significant non-economic damages for past and future pain and disfigurement. The Court of Appeals affirmed the judgment, finding legally sufficient evidence of Uduma's negligence as the premises owner and factually sufficient evidence for the damages awarded. The court also rejected the application of a health care liability damages cap, stating that Four J's did not conclusively prove its status as a licensed health care provider.

NegligencePersonal InjuryResidential Care FacilityFire SafetyDamagesLegal SufficiencyFactual SufficiencyPremises LiabilityHealth Care Liability ClaimTexas Medical Liability Act
References
33
Case No. ADJ8088868
Regular

DAVID WEDDLE (Deceased),\nDENISE WEDDLE (Guardian Ad Litem) vs. STATE OF CALIFORNIA CORRECTIONS\nAND REHABILITATION PAROLE, legally\nuninsured; STATE COMPENSATION\nINSURANCE FUND, adjusting agency

The Workers' Compensation Appeals Board denied a Petition for Removal and a Petition for Reconsideration filed by the defendant, State Compensation Insurance Fund. The Board adopted the reasoning of the Workers' Compensation Judge's report supporting the denials. This order pertains to a case involving David Weddle (deceased) and his guardian ad litem, Denise Weddle.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDavid Weddle (Deceased)Denise Weddle (Guardian Ad Litem)State of California Corrections and Rehabilitation ParoleState Compensation Insurance Fundlegally uninsuredadjusting agencyworkers' compensation administrative law judge
References
0
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
0
Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
1
Case No. 01-15-00774-CV
Regular Panel Decision
Aug 27, 2014

in Re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

This case is an original proceeding arising from a Petition for Writ of Mandamus concerning a trial court's order. The underlying litigation involves personal injury and wrongful death claims following a fire at a residential group home for mentally incapacitated adults. Key issues include the applicability of Chapter 74 of the Texas Civil Practice & Remedies Code (Medical Liability Act) to the defendants, which could impose damage caps, and the factual sufficiency of the jury's finding regarding the negligence of the resident who started the fire. The appellate court affirmed the trial court's order.

Texas Court of AppealsMandamus ProceedingPersonal InjuryWrongful DeathPremises LiabilityGroup Home NegligenceFire AccidentMentally Disabled AdultsChapter 74 Medical Liability ActDamage Caps
References
32
Case No. MISSING
Regular Panel Decision

In re Rosner

Petitioners, a husband and wife, initiated proceedings under SCPA article 17-A to be appointed coguardians for Irwin Rosner, a mentally retarded adult, alleging abandonment by his mother, respondent Marilyn Ferto. Ferto, along with Rosner's aunt Yetta Lippen, cross-petitioned for their own appointment. Surrogate’s Court denied the petitioners' application and appointed the respondents without conducting a hearing. The Appellate Division reversed this decision, ruling that the Surrogate’s Court erred by failing to hold a hearing as mandated by SCPA 1750 (2) (b) for non-parent applicants lacking parental consent. The court also emphasized the requirement for a hearing under SCPA 1752 and 1753 for guardianship petitions involving mentally retarded adults and standby guardians, respectively. Additionally, the Appellate Division determined that a guardian ad litem should have been appointed to represent Rosner's interests due to his alleged inability to understand the proceedings.

GuardianshipMentally Retarded PersonSCPA Article 17-AHearing RequirementAbandonmentGuardian Ad LitemSurrogate's CourtAppellate ReviewDue ProcessNon-Parent Guardianship
References
2
Case No. ADJ8608456 MF ADJ8608504 ADJ8523009 ADJ8551858 ADJ8609068
Regular
Oct 07, 2015

HORACIO CABRERA, Deceased MARIBEL BARAJAS, Widow, Guardian Ad Litem for LITZY CABRERA, LESLY CABRERA, MARIA CABRERA AND KASSANDRA CABRERA; BRIANNA CABRERA, for herself and Guardian Ad Litem for STEFANI ARIAS,, ANTONIO SOLARES, MODESTO DOMINGUEZ, JOHNATHAN ALONSO vs. MV CONTRACTING, STAR INSURANCE COMPANY

This case involves a petition for reconsideration by MV Contracting regarding a prior WCJ decision finding industrial injuries and a fatal injury due to a motor vehicle accident. The WCJ excluded the defendant's evidence of a timely denial, presuming the claims compensable and finding the "going and coming rule" inapplicable. The Board affirmed the WCJ's decision, denying the petition for reconsideration. The Board agreed that the employer's submission of a claim form acted as the applicant dependents' agent, satisfying their obligation.

Workers' Compensation Appeals BoardIndustrial InjuriesMotor Vehicle AccidentFatal Industrial InjuryDependentsPetition for ReconsiderationRulings and Order Admitting EvidenceFindings of FactNotice of DenialPresumed Compensable
References
0
Case No. BAK 0144430 ANA 0384706
Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm
References
0
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