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

Case No. 03-18-00282-CV
Regular Panel Decision
Apr 17, 2019

Yvette Mata v. Capitol Wright Distributing, LLC Dalton Marek And Wright Distributing Co., Inc.

Yvette Mata appealed the district court's dismissal of her personal injury suit against Capitol Wright Distributing, LLC, Dalton Marek, and Wright Distributing Co., Inc. for want of prosecution. She contended that the district court provided inadequate notice of its intent to dismiss and erred in denying her motion to reinstate the case. The appellate court found that Mata was presumed to know Williamson County's local rules requiring a motion to retain, thus deeming the dismissal notice adequate. Furthermore, the court determined that any potential due process issues were rectified by the post-dismissal hearing on Mata's motion to reinstate. Ultimately, the appellate court affirmed the district court's judgment, concluding that Mata failed to demonstrate reasonable diligence in prosecuting her case.

Personal injurydismissal for want of prosecutionmotion to reinstateappellate reviewdue diligenceinadequate noticeabuse of discretionTexas Rules of Civil Procedurelocal court rulesappellate procedure
References
19
Case No. 12-16-00095-CV
Regular Panel Decision
Dec 16, 2016

Albert Ray Williams v. Great Western Distributing Company of Amarillo D/B/A Bill Reed Distributing Company

Albert Ray Williams appealed the trial court's summary judgment granted in favor of Great Western Distributing Company. The case stemmed from an accident involving Williams and Dakotah Croxton, a delivery driver for Great Western. Williams sued Great Western for direct and vicarious liability under respondeat superior. The trial court granted summary judgment on the respondeat superior claim. The appellate court affirmed the trial court's judgment, finding that Williams presented no evidence that Croxton was in the course and scope of his employment at the time of the accident because he was on a personal errand (traveling home for lunch) when the collision occurred.

Summary JudgmentRespondeat SuperiorVicarious LiabilityScope of EmploymentPersonal ErrandDelivery Driver AccidentEmployer LiabilityTexas Appeals CourtAffirmationNo Evidence
References
25
Case No. MISSING
Regular Panel Decision

Monte Carlo Distributing Co. v. Rosas

Joe Rosas sued Southern Brewing Company and Monte Carlo Distributing Company for damages resulting from a collision between his truck and one driven by Barrett, owned by Monte Carlo Distributing Company. The collision occurred when Barrett attempted to pass Rosas's truck, which was carrying a long culvert without a required red flag. A jury found Barrett negligent for failing to keep a proper lookout and awarded Rosas $7,500. Monte Carlo Distributing Company appealed, citing conflicting jury findings and the trial court's refusal to submit defensive issues regarding Rosas's alleged contributory negligence in not displaying the red flag. The appellate court reversed the judgment and remanded the case, concluding that the failure to submit these defensive issues, which could have constituted a complete defense, was an error.

CollisionTruck accidentNegligenceContributory negligenceLookoutRed flag statuteDamagesJury findingsAppellate reviewReversal
References
10
Case No. 01-03-00753-CV
Regular Panel Decision
Jul 01, 2004

Joseph Earl Cavender v. Houston Distributing Co., Inc.

Joseph Earl Cavender sued Houston Distributing Company, Inc. for wrongful termination, alleging a violation of Texas Labor Code section 451.001 after his employment was terminated due to an absence exceeding 180 consecutive days while on workers' compensation leave. A jury ruled in favor of Houston Distributing, and the trial court issued a take-nothing judgment. On appeal, Cavender contended his termination violated the Texas Labor Code as a matter of law. The Court of Appeals affirmed the trial court's judgment, citing Texas Supreme Court precedent that uniform enforcement of a reasonable absence-control policy does not constitute retaliatory discharge, even when the absence is related to a workers' compensation claim.

Wrongful TerminationWorkers' CompensationRetaliatory DischargeAbsence Control PolicyTexas Labor CodeAppellate ReviewEmployment LawJury VerdictAffirmed JudgmentEmployer Policy
References
2
Case No. MISSING
Regular Panel Decision

Limestone Products Distribution, Inc. v. McNamara

This case involves a fatal collision between Coy Mathis's car and Tom McNamara's motorcycle. McNamara's survivors sued Mathis and Limestone Products Distribution, Inc., alleging Mathis's negligence. The central issue was whether Mathis was an independent contractor or an employee of Limestone, and if an employee, whether he was acting within the course and scope of his employment. The trial court granted summary judgment in favor of Limestone, but the court of appeals reversed. The Texas Supreme Court ultimately reversed the court of appeals' judgment, holding that the summary-judgment evidence conclusively proved Mathis was an independent contractor at the time of the accident, thus Limestone was not liable for his negligence.

Independent ContractorEmployee StatusCourse of EmploymentSummary JudgmentNegligenceVicarious LiabilityRight to Control TestMotor Vehicle AccidentFatal InjuryAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

TTL Distribution, Inc. v. Local 99, Office & Distribution Employees Union

This case concerns a dispute between TTL Distribution, Inc. (formerly Ups 'N Downs, Inc.), an employer, and the Office and Distribution Employees’ Union Local 99, I.L.G.W.U. The employer sought to vacate an arbitration award, while the Union moved to confirm it. The underlying arbitration stemmed from Ups 'N Downs' decision to close its warehouse and terminate employees after selling its retail stores, without ensuring the buyer assumed contractual obligations under their collective bargaining agreement. The arbitrator ruled in favor of the Union, ordering back pay, vacation pay, and fund contributions. The District Court upheld the arbitrator's decision, emphasizing the broad scope of arbitration in labor relations and confirming the award.

Arbitration AwardLabor DisputeUnion ContractCollective BargainingEmployer SaleEmployee TerminationContractual ObligationsJudicial DeferenceFederal Arbitration ActLabor Management Relations Act
References
6
Case No. 03-03-00438-CV
Regular Panel Decision
Apr 08, 2004

Wesco Distribution, Inc. v. Westport Group, Inc.

Wesco Distribution, Inc., a materialman, appealed a district court's judgment granting Westport Group Inc.'s (general contractor) motion for summary judgment to remove a materialman's lien and awarding Westport attorney's fees. Wesco had supplied materials to J&D Electric, a subcontractor, but was not fully paid. Wesco attempted to send notice of a materialman's lien to Westport, but the initial mailing lacked sufficient postage and was returned, delaying proper notice. Westport had already paid J&D Electric almost everything owed by the time it received Wesco's notice. The appellate court affirmed the district court's decision, holding that Wesco's initial attempt to mail notice with insufficient postage did not constitute timely notice under the Texas materialman’s lien statute, and thus the lien was invalid. The court also upheld the award of attorney's fees to Westport.

Materialman's LienNotice RequirementsStatutory InterpretationSummary JudgmentAttorney's FeesTexas Property CodeInsufficient PostageTimelinessSubstantial ComplianceAppellate Review
References
75
Case No. MISSING
Regular Panel Decision

Gohr Distributing Co. v. Teamsters Local 264

Gohr Distributing Co. discharged employee William Greene, a member of Teamsters Local #264, in April 1986. Greene filed a grievance which was denied. He then sued Gohr and Teamsters, alleging wrongful discharge and breach of fair representation, respectively. Teamsters later demanded arbitration of Greene's discharge, which Gohr initially agreed to but then withdrew. Gohr subsequently moved for a preliminary injunction to prevent arbitration, arguing it was untimely under the six-month statute of limitations from the National Labor Relations Act, 29 U.S.C. § 160(b). Teamsters opposed, arguing their demand was not untimely and filed a cross-motion to compel arbitration. The court consolidated the preliminary injunction motion with a trial on the merits and found that arbitration was barred by the six-month statute of limitations, granting Gohr's motion for a permanent injunction and denying Teamsters' cross-motion.

Preliminary InjunctionArbitrationLabor DisputeStatute of LimitationsNational Labor Relations ActCollective Bargaining AgreementWrongful DischargeDuty of Fair RepresentationFederal PolicySix-Month Rule
References
12
Case No. MISSING
Regular Panel Decision
Jan 02, 2015

Matter of Mangan v. Try-It Distributing Co., Inc.

In 2000, Tracy Mangan, an employee of Try-It Distributing Co., Inc., suffered a work-related back injury. He was later classified with a permanent partial disability, and liability for his claim was transferred to the Special Fund for Reopened Cases. His average weekly wage was established at $813.49. Mangan passed away in July 2012 due to complications from causally-related back surgery. Subsequently, his widow, the claimant, filed a claim for death benefits. A Workers’ Compensation Law Judge initially determined that benefits should be calculated based on the decedent's average weekly wage at the time of his death. However, the Workers’ Compensation Board modified this decision, ruling that the calculation should be based on the average weekly wage at the time of the 2000 accident. The claimant appealed this modification, but the Appellate Division affirmed the Board's decision, citing Workers’ Compensation Law §§ 14 and 16(5)(4) which support calculating death benefits based on the average weekly wage at the date of accident or disablement.

Death BenefitsAverage Weekly WagePermanent Partial DisabilitySpecial Fund for Reopened CasesWork-Related InjuryDate of AccidentDate of DeathAppellate ReviewWorkers' Compensation BoardCalculation of Benefits
References
2
Case No. MISSING
Regular Panel Decision
May 03, 2004

Ulloa v. Universal Music and Video Distribution Corp.

Plaintiff Demme Ulloa initiated legal action against Universal Music and Video Distribution Corp., Island Def Jam Music Group, Roc-A-Fella Records, LLC, and Shawn Carter, alleging copyright infringement, false designation of origin under the Lanham Act, unjust enrichment, joint authorship, and an accounting of sales. Ulloa claimed to have spontaneously created a vocal counter-melody for Shawn Carter's song "Izzo (H.O.V.A.)" which was later used without proper credit or compensation. The Court granted the defendants' motion for summary judgment on the claims of joint authorship and Lanham Act violations, dismissing them. However, it denied both parties' motions for summary judgment regarding copyright infringement, citing unresolved factual disputes concerning originality, work-for-hire status, and implied license. Additionally, the defendants' motions to dismiss the unjust enrichment claim and to bifurcate the trial were denied.

Copyright InfringementLanham ActUnjust EnrichmentJoint AuthorshipSummary JudgmentWork for HireImplied LicenseMusical CompositionSound RecordingOriginality
References
31
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