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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

Gorman v. Earhart

This case involves a wrongful death action stemming from a collision between the decedent's vehicle and the defendant's heavy machinery on a highway in Henry County. The administrator of the decedent's estate sued the defendant, alleging negligence in crossing the highway without adequate warnings. A key issue was the applicability of the Manual on Uniform Traffic Control Devices (MUTCD) to a private individual. The trial court instructed the jury that the manual applied, resulting in a verdict for the plaintiff. The Court of Appeals reversed this decision, finding the manual inapplicable to private individuals not engaged in governmental work. This Court affirmed the Court of Appeals' ruling, holding that the MUTCD standards are not binding on private persons without a contractual relationship with a governmental entity for highway construction or maintenance. Due to the erroneous jury instruction, which likely influenced the verdict, the case is remanded for a new trial.

wrongful deathtraffic safetymanual on uniform traffic control devicesprivate liabilityjury instructionsappellate reviewnegligencehighway accidentsheavy equipmentremand
References
12
Case No. 03-04-00632-CV
Regular Panel Decision
Mar 17, 2006

State of Texas v. Precision Solar Controls, Inc.

The State of Texas, representing TxDOT, sued Precision Solar Controls, Inc., for breach of contract and warranty regarding allegedly defective traffic signals. Precision Solar filed a counterclaim for business disparagement, asserting the State waived sovereign immunity by initiating the suit. The trial court denied the State's plea to the jurisdiction. The appellate court affirmed, holding that by filing suit, the State waives its sovereign immunity against germane counterclaims, even if they are intentional torts, as the core facts concerning the signals' quality and warranty performance are common to both claims.

Sovereign ImmunityGovernmental ImmunityWaiver of ImmunityCounterclaimsBusiness DisparagementBreach of ContractBreach of WarrantyPlea to JurisdictionAppellate ReviewTexas Law
References
31
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. MISSING
Regular Panel Decision

Johnson v. Fulton Sylphon Division, Robertshaw Controls Co.

Willie J. Johnson, a black male, filed a Title VII lawsuit against his employer, Fulton Sylphon Division of Robertshaw Controls Company, alleging racial discrimination regarding a denied transfer to the Numerical Control Department and subsequent retaliatory discharge. Johnson claimed he was denied promotion due to his race and fired in retaliation for his protected activities. The defendant argued that Johnson's excessive absenteeism, poor work performance, and lack of qualifications were legitimate, non-discriminatory reasons for its decisions. The court found that Johnson failed to establish a prima facie case of discrimination, concluding he was not qualified for the transfer due to his consistent poor work record. Furthermore, his discharge was found to be a result of his ongoing absenteeism and uncooperative attitude, not retaliation. The court ruled in favor of the defendant.

Racial DiscriminationEmployment DiscriminationTitle VIIRetaliatory DischargeAbsenteeismPoor Work PerformancePrima Facie CaseMcDonnell Douglas TestPretextStatistical Evidence
References
18
Case No. 13-0605
Regular Panel Decision
Apr 24, 2015

Brown & Gay Engineering, Inc. v. Zuleima Olivares, Individually and as the Representative of the Estate of Pedro Olivares, Jr., & Pedro Olivares

This case addresses whether a private engineering firm, Brown & Gay Engineering, Inc., is entitled to sovereign immunity when sued for negligence in carrying out a contract with a governmental unit, the Fort Bend County Toll Road Authority. The firm designed roadway signs and traffic layouts for the Westpark Tollway, where a fatal collision occurred due to an intoxicated driver. The Olivares family sued Brown & Gay, alleging negligence in the design of traffic control devices. The Supreme Court of Texas held that extending sovereign immunity to the engineering firm does not align with the doctrine's purposes, which primarily protect the public treasury from unforeseen expenditures rather than insulate private entities from liability for their independent actions. The Court distinguished this situation from cases where contractors merely follow government specifications, noting that Brown & Gay exercised independent discretion in its design work and could manage its risks through insurance. Therefore, the Supreme Court affirmed the court of appeals' judgment, denying Brown & Gay's plea to the jurisdiction.

Sovereign ImmunityGovernment ContractorsNegligence ClaimsIndependent DiscretionPublic Funds ProtectionDerivative ImmunityTexas Tort Claims ActPlea to JurisdictionCivil LiabilityGovernmental Functions
References
33
Case No. MISSING
Regular Panel Decision

International Union v. Johnson Controls, Inc.

Robert Sullivent filed a wrongful discharge lawsuit against his employer, Johnson Controls, Inc., under the Texas Workers’ Compensation Act. The trial court initially granted summary judgment in favor of Johnson, which Sullivent subsequently appealed. Concurrently, Sullivent's union initiated grievance arbitration, which also concluded in favor of Johnson. Johnson then sought to dismiss Sullivent's appeal, arguing the arbitration decision preempted the state action. The court of appeals agreed and dismissed the appeal. However, a higher court reversed this decision, stating that state causes of action regarding labor disputes are permissible if they do not require interpretation of collective bargaining agreements, thereby ruling that Sullivent's action was not preempted and remanding the case for further consideration.

Wrongful dischargeWorkers' Compensation ActArbitration preemptionCollective bargaining agreementState law preemptionFederal preemptionSummary judgmentAppellate reviewWrit of errorRemand
References
3
Case No. MISSING
Regular Panel Decision

Claim of Chirino v. Sanitary Controls, Inc.

This case concerns appeals from Workers’ Compensation Board decisions that upheld the State Insurance Fund's cancellation of a workers’ compensation policy for Sanitary Controls, Inc. due to nonpayment. The Fund sent a cancellation notice on November 23, 1976, effective December 11, 1976. Sanitary received it eight days before the effective date. Concurrently, Sanitary filed for bankruptcy, and a court order stayed proceedings against it but did not explicitly stop the policy cancellation. The appeals court affirmed the Board’s decision, holding that service of cancellation is effective upon mailing, not receipt, as per Workers’ Compensation Law § 54, subd 5, and that the bankruptcy filing did not negate Sanitary’s insurance obligations.

Policy CancellationNonpayment of PremiumBankruptcy LawService of NoticeInsurance LiabilityAppellate ProcedureStatutory InterpretationEmployer ObligationsInsurer ObligationsBoard Decisions
References
4
Case No. MISSING
Regular Panel Decision

Uniformed Firefighters Ass'n, Local 94 v. City of New York

The Uniformed Firefighters Association (UFA) and individual firefighters sued the City of New York, challenging the denial of seniority credit for promotional purposes to firefighters initially re-employed under federal programs (CETA and HUD) in "provisional" capacities after layoffs. Plaintiffs argued violations of the CETA statute and the Equal Protection Clause. The District Court found no private right of action under CETA, asserting that its grievance procedures were exclusive. The court also determined that the City had a rational basis for distinguishing between provisional and permanent employees regarding seniority, citing New York Civil Service Law requirements. Consequently, the defendants' motion to dismiss the complaint for failure to state a claim was granted.

Seniority RightsProvisional EmploymentCETA ProgramHUD ProgramCivil Service LawEqual Protection ClauseMotion to DismissFederal FundingBudgetary CrisisFirefighters
References
10
Case No. 14-02-01252-CV
Regular Panel Decision
Nov 20, 2003

Anchor Fumigation & Pest Control, Inc. v. Conrad Cortes

Conrad Cortes (appellee) sued his former employer, Anchor Fumigation and Pest Control, Inc. (appellant), alleging disability discrimination and workers’ compensation retaliation. A default judgment was entered against Anchor due to its failure to file an answer. Anchor appealed the denial of its motion for a new trial, arguing its failure to answer was due to mistake. The court affirmed the trial court's decision, finding that Anchor did not provide competent proof that its agent's failure to file an answer was accidental and not a result of conscious indifference, thus failing to meet the Craddock requirements for a new trial.

Default judgmentMotion for new trialAppellate reviewAbuse of discretionConscious indifferenceMistakeMeritorious defenseWorkers' compensation retaliationDisability discriminationTexas civil procedure
References
14
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