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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

Lavender v. Hofer

This personal injury case originated from an intersection collision resulting in the death of June Hofer. The initial defendant, Robert W. Springate, passed away, leading to his daughter, Sharon Lavender, being substituted as his personal representative. The core issues on appeal involved the recovery of punitive damages against the deceased tort-feasor's estate and the appellees' (June Hofer's parents) entitlement to damages for mental anguish and loss of companionship. The appellate court determined that punitive damages are not recoverable against a deceased tort-feasor's estate, reasoning that the purposes of punishment and deterrence cease upon death. However, the court affirmed the award for mental anguish and loss of companionship, citing a recent Texas Supreme Court decision.

Personal InjuryWrongful DeathPunitive DamagesExemplary DamagesSurvival StatuteMental AnguishLoss of CompanionshipDeceased Tort-feasor EstateAppellate ReviewDamages Award
References
63
Case No. 3-90-002-CV
Regular Panel Decision
Aug 28, 1991

Texas Department of Mental Health and Mental Retardation v. Opal Petty, by Herself and Through Her Next Friends, and Linda Kaufman and Herbert Clinton Denson, as Next Friends of Opal Petty

Opal Petty, through her next friends, sued the Texas Department of Mental Health and Mental Retardation for personal injuries caused by employee negligence, recovering a $250,000 judgment. Both parties appealed. The Court of Appeals, Third District of Texas, addressed whether medical records and plans constituted 'tangible personal property' under the Texas Tort Claims Act, if the Department had actual notice of the injury, and the constitutionality of the statutory damages cap and pre-judgment interest. The court affirmed the trial court's judgment, holding that the items were tangible property, actual notice was met, and the damage limit was constitutional. Ms. Petty's cross-points regarding additional damages and pre-judgment interest were overruled.

Governmental immunityTexas Tort Claims ActPersonal injuryNegligenceMental health careMental retardationTangible propertyActual noticeFalse imprisonmentDamages limitation
References
45
Case No. MISSING
Regular Panel Decision

Central Counties Center for Mental Health & Mental Retardation Services v. Rodriguez

This case consolidates two interlocutory appeals from district court orders denying pleas to the jurisdiction by Central Counties Center for Mental Health & Mental Retardation Services (the "Center") and Austin State Hospital (the "Hospital"). Karen Rodriguez sued the Center for personal injuries, including sexual exploitation by an employee. Debbie Fiske and Raymond Rodriguez sued the Hospital for damages related to their son's suicide while a patient. The core legal question is whether the Texas Health and Safety Code clearly and unambiguously waives sovereign immunity for mental health facilities. The court concludes that Code section 321.003 clearly waives both immunity from liability and immunity from suit for mental health facilities, including the Center and the Hospital. Therefore, the court affirms the district courts' orders denying the appellants' pleas to the jurisdiction.

Sovereign ImmunityWaiver of ImmunityMental Health FacilitiesHealth and Safety CodePatient's Bill of RightsInterlocutory AppealPlea to JurisdictionStatutory ConstructionGovernmental ImmunityPersonal Injury
References
19
Case No. 03-00-00369-CV, 03-00-00640-CV
Regular Panel Decision
Mar 29, 2001

Central Counties Center for Mental Health & Mental Retardation Services v. Karen Rodriguez

This case consolidates two interlocutory appeals concerning sovereign immunity waivers for mental health facilities. Central Counties Center for Mental Health & Mental Retardation Services and Austin State Hospital appealed the denial of their pleas to the jurisdiction. Karen Rodriguez sued the Center for personal injuries and sexual exploitation by an employee. Debbie Fiske and Raymond Rodriguez sued the Hospital for damages and on behalf of their son, Christopher Roy Rodriguez, who committed suicide while a patient. The appeals court reviewed the issue de novo, determining whether the Texas Health and Safety Code clearly and unambiguously waives sovereign immunity. The court concluded that sections 321.003(a) and (b) of the Code explicitly waive both immunity from liability and immunity from suit for mental health facilities that violate patient rights. The court affirmed the district courts' orders denying the pleas to the jurisdiction.

Sovereign ImmunityWaiver of ImmunityMental Health FacilitiesPatient's Bill of RightsTexas Health and Safety CodeStatutory ConstructionInterlocutory AppealPlea to JurisdictionPersonal InjurySexual Exploitation
References
19
Case No. MISSING
Regular Panel Decision

Texas Industries, Inc. v. Vaughan

Texas Industries (TXI) appeals a jury verdict favoring Clabourne Vaughan, who sued TXI for wrongful termination in violation of the Texas Workers’ Compensation Act. Vaughan was awarded $173,116 in compensatory damages and $250,000 in exemplary damages. TXI challenged the legal and factual sufficiency of compensatory and exemplary damages, damages for mental anguish, and prejudgment interest. The court found Vaughan's direct testimony on mental anguish insufficient to establish the required severity but acknowledged some circumstantial evidence. However, it found the evidence factually insufficient for mental anguish damages and ruled that the mental anguish issue was improperly submitted to the jury due to inadequate pleadings and lack of trial by consent. Consequently, the trial court's judgment is reversed, and the case is remanded for a new trial due to the unsegregated damages.

Wrongful TerminationWorkers' Compensation ActCompensatory DamagesExemplary DamagesMental AnguishLegal SufficiencyFactual SufficiencyPleadingsTrial AmendmentInvited Error Doctrine
References
20
Case No. MISSING
Regular Panel Decision

J.B. Custom Design & Building v. Clawson

The appeal stems from a Deceptive Trade Practices Act (DTPA) lawsuit filed by L.W. Clawson and Linda Clawson against J.B. Custom Design and Building for damages related to faulty foundation repair services. The jury found that J.B. Custom Design engaged in unworkmanlike conduct, misrepresentations, and knowingly committed DTPA violations, awarding actual and mental anguish damages. The trial court initially awarded discretionary treble damages and set aside the mental anguish award. On appeal, the court ruled that the trial court erred in determining discretionary damages without a jury issue and in setting aside the jury's findings on mental anguish. The judgment was reformed, reducing discretionary damages by $14,000 and reinstating $8,000 for mental anguish, resulting in a total judgment of $18,000 in damages plus $9,000 in attorneys’ fees.

Deceptive Trade Practices ActDTPAfoundation repairunworkmanlike mannermisrepresentationknowing conductmental anguish damagestreble damagesjury findingsjudgment notwithstanding verdict
References
17
Case No. MISSING
Regular Panel Decision

America West Airlines, Inc. v. Tope

Michael Tope, a former employee of America West Airlines, Inc., successfully sued the airline for discriminatory termination under the Texas Worker’s Compensation Act after an on-the-job injury. The jury found America West unlawfully discharged Tope and awarded damages. On appeal, America West challenged the sufficiency of evidence regarding discrimination, Tope's mitigation of damages, and the mental anguish award. The appellate court affirmed the jury's findings on discriminatory discharge and past mental anguish, but found the future mental anguish award factually insufficient. The court also upheld the exclusion of expert testimony from Tope's treating social worker. The case was reversed and remanded, subject to Tope's voluntary remittitur of future mental anguish damages.

Discriminatory TerminationWorker's CompensationRetaliatory DischargeMental AnguishDamage MitigationExpert Testimony ExclusionAppellate ReviewTexas Employment LawJury VerdictCircumstantial Evidence
References
23
Case No. MISSING
Regular Panel Decision

Stinson v. Tennessee Department of Mental Health & Mental Retardation

Plaintiff Velda Joyce Stinson, a highly qualified health professional, sued the Middle Tennessee Mental Health Institute (MTMHI), the Tennessee Department of Mental Health and Mental Retardation (TDMHMR), and two individual officials for sex discrimination and retaliation under Title VII. Stinson alleged she was denied a suitable position, given an unapproved job title, subjected to discriminatory treatment, demoted, and eventually had her position abolished after inquiring about pay inequities based on sex and filing an EEOC complaint. The court found that Stinson was treated less favorably than male counterparts, experienced significant retaliation, and that the defendants' justifications for their actions were pretexts. The court granted Stinson relief, ordering her reinstatement to a properly classified Assistant Superintendent position, awarding $9,756.00 in lost wages with prejudgment interest, and mandating attorneys' fees.

Sex DiscriminationRetaliationEmployment LawTitle VIIDemotionLost WagesReinstatementDiscriminatory PracticesPay InequityWorkplace Harassment
References
29
Case No. 01-02-01101-CV
Regular Panel Decision
Dec 07, 2006

N.N. v. Institute for Rehabilitation & Research

N.N., as next friend of her daughter A.B., sued The Institute for Rehabilitation and Research (TIRR) for damages stemming from A.B.'s sexual assault while hospitalized. A.B., who had a brain injury and was severely impaired, was sexually assaulted by another patient. The jury found TIRR negligent and awarded damages for past and future mental anguish. The trial court initially granted a JNOV on future damages and suggested remittitur for past damages, leading to a take-nothing judgment. On appeal, the Court of Appeals reversed the JNOV, finding sufficient legal and factual evidence to support the $625,000 award for future mental anguish. The court also rejected TIRR's constitutional challenges to the appellate rules and its factual sufficiency arguments regarding negligence. The case was remanded for judgment to reinstate the jury's verdict for future mental anguish damages.

Sexual AssaultMedical MalpracticeNegligenceBrain InjuryMental Anguish DamagesFuture DamagesJudgment N.O.V.Factual SufficiencyLegal SufficiencyConstitutional Challenge
References
44
Case No. MISSING
Regular Panel Decision

City of Ingleside v. Kneuper

George Kneuper, Director of Public Works for the City of Ingleside, reported alleged criminal activity to the Texas Rangers under the Whistleblower Act, leading to his termination. Kneuper sued the City for wrongful termination, and the trial court reinstated him and awarded damages. On appeal, the City challenged the exemplary damages, inconsistencies in future economic loss awards, and sufficiency of evidence for mental anguish. The appellate court ruled that a finding of malice was required for exemplary damages, which was absent, thus eliminating the $300,000 award. It also deemed the $108,000 for lost employee benefits inconsistent with Kneuper's reinstatement election. However, the court upheld awards for lost earning capacity and past mental anguish, finding sufficient evidence for them. The judgment was modified to remove the exemplary damages and portions of actual damages for employee benefits and future mental anguish, and then affirmed.

Whistleblower ActWrongful TerminationExemplary DamagesMental AnguishLoss of Earning CapacityReinstatementPublic EmployeeGovernmental ImmunityStatutory ConstructionCommon Law
References
32
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