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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

Fernandez v. Kiesling

Appellant, Mrs. Shirley Fernandez, joined by her husband, filed a lawsuit against Appellee, Mrs. Vivian F. Kiesling, for personal injuries resulting from a car accident. Mrs. Fernandez was a passenger in Mrs. Kiesling's car, which collided with a parked vehicle. The jury found Mrs. Kiesling negligent but also determined that Mrs. Fernandez was a 'guest' under the Texas Guest Statute, leading to a take-nothing judgment. Mrs. Fernandez appealed, arguing she was a passenger for hire, that the jury instruction regarding 'payment or agreement to pay a share of operating expenses' was a comment on the evidence, and that the instruction requiring payment to be 'the motivating cause' instead of 'a motivating cause' was erroneous. The appellate court affirmed the trial court's judgment, upholding the precedent that a tangible benefit must be 'the motivating influence' for furnishing transportation to remove a passenger from the Guest Statute's provisions.

Guest StatutePassenger for HireMotivating InfluenceCar PoolPersonal InjuryAutomobile AccidentNegligenceJury InstructionAppellate ReviewTexas Law
References
20
Case No. MISSING
Regular Panel Decision

Forsythe v. New York City Department of Citywide Administrative Services

Plaintiff Earl Forsythe, a pro se litigant, filed an employment discrimination lawsuit against the New York City Department of Citywide Administrative Services (DCAS), alleging racial discrimination in violation of Title VII. Forsythe, a security guard employed by Tristar Patrol Services, claimed that DCAS and its employees discriminated against him based on his race by causing his transfer from desirable posts at DCAS-managed facilities to less favorable ones, disrupting his childcare schedule. DCAS moved for summary judgment, arguing it was not Forsythe's direct employer and that Forsythe failed to establish a prima facie case of discrimination or an inference of discriminatory motive. The court determined that a factual issue existed regarding DCAS's "joint employer" liability if a transfer was racially motivated. However, the court found no admissible evidence to suggest that Forsythe's transfers were racially motivated, thus failing the "inference of discrimination" element of his prima facie case. Consequently, DCAS's motion for summary judgment was granted, and Forsythe's Title VII claim was dismissed.

Employment DiscriminationRace DiscriminationTitle VIISummary JudgmentJoint Employer DoctrineAdverse Employment ActionPrima Facie CaseMcDonnell Douglas FrameworkBurden-ShiftingPretext
References
40
Case No. MISSING
Regular Panel Decision

Claim of Colas, ex rel. Bermudez v. Watermain

A worker was killed at her workplace by a former romantic partner who was also a coworker, leading to a claim for workers' compensation death benefits. The Workers' Compensation Board denied the claim, ruling that the death did not arise out of employment, as it was motivated by personal animosity between the decedent and her assailant. The Appellate Division affirmed this decision, finding that the employer successfully rebutted the presumption of compensability for unwitnessed workplace deaths by presenting substantial evidence of a personal animosity motive, stemming from the decedent's recent separation from her assailant and documented threats.

Workers' CompensationDeath BenefitsPersonal AnimosityWorkplace ViolencePresumption of CompensabilityRebuttal of PresumptionDomestic ViolenceAppellate ReviewCausationEmployment-Related Injury
References
4
Case No. MISSING
Regular Panel Decision

American States Insurance Co. v. Walters

This worker's compensation appeal concerns a claim for death benefits filed by Pamela Walters, guardian of Ivan Robert Justice, a minor. The claim alleged that Ivan Michael Justice was killed in the course and scope of his employment. The deceased, along with his employer, was found shot to death, but the motive for the murders remained unknown. An insurer appealed a favorable judgment for the claimant, arguing a lack of evidence that the death was employment-related. The Chief Justice reversed the judgment, holding that without evidence of the assailant's motive, the claimant failed to prove the injury was directed against the employee because of employment, or that it was not for personal reasons.

Worker's CompensationDeath BenefitsCourse and Scope of EmploymentIntentional InjuryBurden of ProofNo EvidenceHomicideThird Party ActTexas LawReversed and Rendered
References
15
Case No. 03-14-00734-CR
Regular Panel Decision
Nov 12, 2015

Bruce Wayne Harkey v. State

This criminal appeal, Bruce Wayne Harkey v. The State of Texas, addresses the sufficiency of corroborating evidence linking Appellant to the murders of Karen Johnson and Bonnie Harkey. Appellant, motivated by control over the Harkey Estate and resentment towards his stepmother, Bonnie Harkey, was accused of conspiring with Carl Pressley to commit the murders. The State argued for the admissibility of extraneous bad acts to demonstrate Appellant's scheme, motive, and intent, and to rebut his defense, and also addressed a notice dispute regarding extraneous offense evidence. The Appellee requests that the Court deny the appeal and affirm the judgment.

MurderConspiracyAccomplice TestimonyCorroborating EvidenceExtraneous OffensesMotiveIntentAlibiSuffocationDrowning
References
39
Case No. No. 46
Regular Panel Decision
May 16, 2024

The Matter of the Claim of Justin Timperio v. Bronx-Lebanon Hospital

This case clarifies the operation of the rebuttable presumption under New York Workers' Compensation Law § 21 (1). The claimant, Justin Timperio, a resident at Bronx-Lebanon Hospital, was injured during a workplace shooting. While the Workers' Compensation Board found his injuries compensable, the Appellate Division reversed, citing a lack of evidence regarding the assailant's motivation. The Court of Appeals reversed the Appellate Division, holding that when an injury occurs in the course of employment, it is presumed to arise out of employment unless substantial evidence to the contrary exists. The Court emphasized that a lack of evidence concerning the assailant's motivation does not, by itself, rebut this presumption, especially in the absence of any established personal animosity between the parties.

Workplace ShootingWorkers' CompensationRebuttable PresumptionCourse of EmploymentArising Out of EmploymentLack of MotivationAssault InjuryStatutory InterpretationAppellate ReviewNew York Law
References
14
Case No. M2000-00365-COA-R3-CV
Regular Panel Decision
Dec 13, 2000

Elliott v. The Blakeford at Green Hills

Bonnie Elliott, a Director of Food Service, injured her hand at work and claimed she was terminated in retaliation for pursuing a workers' compensation claim against her employer, The Blakeford at Green Hills. The trial court initially granted a directed verdict for the defendant, believing Elliott failed to establish she sought workers' compensation benefits or that this was a motivating factor in her discharge. However, the appellate court reversed this decision. The court found that the employer's actions, including failure to inform Elliott of her workers' compensation rights and subsequent testimony, could infer a retaliatory motive, thereby establishing a prima facie case. The case was remanded to the Circuit Court for Davidson County for further proceedings.

Retaliatory DischargeWorkers' Compensation ClaimEmployment TerminationDirected VerdictAppellate ReviewPrima Facie CaseEmployer ObligationsMedical TreatmentEmployee RightsStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Graziano v. New York State Police

Plaintiff John R. Graziano sued the New York State Police (NYSP) under Title VII, alleging gender discrimination, hostile work environment, and constructive discharge. He claimed female co-workers harassed him following an earlier sexual harassment complaint against him. Graziano cited disputes over peer review, exclusion from assignments, and workplace confrontations as evidence of gender-motivated animus. Defendant moved for summary judgment, arguing a lack of evidence for constructive discharge or gender discrimination, and that co-worker actions were not attributable to NYSP. The court granted summary judgment, finding no factual basis that the alleged conduct was motivated by gender, thereby dismissing the complaint.

Title VIIgender discriminationhostile work environmentconstructive dischargesummary judgmentforensic scientistworkplace harassmentNew York State Policemale plaintiffco-worker disputes
References
14
Case No. MISSING
Regular Panel Decision

Toennies v. Quantum Chemical Corp.

Ralf Toennies sued Quantum Chemical Corporation for wrongful discharge, alleging age discrimination after his termination at age 55. The core dispute revolved around the jury charge: Toennies argued for "a motivating factor" standard for age in his discharge, citing Texas Labor Code § 21.125, while the trial court used "because of." The jury's confusion over the causal standard was evident in their notes seeking clarification, which the judge did not provide. The appellate court ruled that the trial court's use of the ambiguous "because of" instruction, rather than "a motivating factor," constituted reversible error as it likely led to an improper judgment. Consequently, the appellate court reversed the trial court's decision and remanded the case for further proceedings.

Employment DiscriminationAge DiscriminationWrongful DischargeJury InstructionMotivating FactorCausationTexas Labor CodeJury ConfusionBut-For CausationAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

Jeffries v. Harleston

This case addresses the constitutional protection afforded to Professor Jeffries' July 20, 1991 speech. Both parties agreed the speech, in its entirety, touched upon matters of public concern. However, the Attorney General argued that specific sections of the speech, deemed offensive, should not be constitutionally protected. The Court rejected this argument, emphasizing that a speech must be considered in its full context for constitutional protection, citing precedents like Rankin v. McPherson. Consequently, the Court ruled that Professor Jeffries' entire speech is constitutionally protected. Additionally, the Court permitted the admission of evidence regarding the sections of the speech that motivated the defendants' actions, though it explicitly stated that such motivation would not serve as a defense against civil allegations.

Constitutional LawFreedom of SpeechPublic ConcernFirst AmendmentEmployee SpeechContextual AnalysisJudicial OrderCivil RightsEvidence AdmissibilityLegal Precedent
References
8
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