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

Case No. 03-14-00726-CV
Regular Panel Decision
Oct 30, 2014

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

Texas San Marcos Treatment Center appeals the trial court's denial of its motion to dismiss Veronica Payton's health care liability claim. Payton alleged negligence after being assaulted by a patient at the treatment center. The appellant argues that the expert report provided by Dr. William H. Reid is deficient, lacking factual support and specificity concerning the standard of care, its breach, and causation, as required by Chapter 74 of the Texas Civil Practices and Remedies Code. The appellant asserts the trial court abused its discretion by finding the report adequate and requests dismissal of the claims.

Medical MalpracticeExpert ReportMotion to DismissAbuse of DiscretionStandard of CareBreach of DutyCausationHealth Care Liability ClaimPsychiatric FacilityEmployee Assault
References
25
Case No. E2014-00302-COA-R3-CV
Regular Panel Decision
Jan 30, 2015

American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee

The plaintiff, American Heritage Apartments, Inc., challenged a monthly flat charge imposed by the Hamilton County Water and Wastewater Treatment Authority (County WWTA) for sewer lateral repairs. The trial court granted summary judgment to the County WWTA, finding no private right of action under the Utility District Law of 1937 (UDL). On appeal, the Court of Appeals reversed the summary judgment, concluding the UDL was inapplicable as the County WWTA was formed under the Tennessee Water and Wastewater Treatment Authority Act (WWTA Act). The appellate court held that the WWTA Act implicitly provides a private right of action for ultra vires and contract claims. The court also affirmed the trial court's alternative ruling that class action certification for affected customers was appropriate.

Water UtilityWastewater TreatmentFlat Rate ChargeClass Action CertificationSummary Judgment ReversalPrivate Right of ActionUltra Vires ClaimGovernmental ImmunityUtility District LawWater and Wastewater Treatment Authority Act
References
48
Case No. 08-11-00264-CV
Regular Panel Decision
Oct 08, 2014

Maria G. Thompson/Luis Marioni, D.C. v. Jaime Stolar, M.D., Alivio Medical Center, Alivio Treatment Centers, P.A. and Luis Marioni, D.C./Maria G. Thompson

This multi-party appeal originated from a medical and chiropractic malpractice lawsuit filed by Maria G. Thompson against Dr. Jaime Stolar, Dr. Luis Marioni, and Alivio Medical Center and Alivio Treatment Centers, P.A. Thompson alleged negligence resulting in severe knee injuries, including infection and fusions, following injections and treatment. A jury found Dr. Stolar and Dr. Marioni negligent, awarding damages. On appeal, the court reversed the judgment against Dr. Marioni due to insufficient evidence of causation but affirmed the judgment against Dr. Stolar. The court also upheld the denial of Thompson's claims regarding damages and apparent agency against Alivio.

Medical MalpracticeChiropractic MalpracticeKnee InjuryKnee InfectionSpontaneous FusionSurgical FusionNegligenceCausationDamages AssessmentApparent Agency
References
48
Case No. 47 Tex. Sup. Ct. J. 1028
Regular Panel Decision
Sep 03, 2004

In Re Commitment of Fisher

This case involves the civil commitment of Michael James Fisher as a sexually violent predator under the Texas Civil Commitment of Sexually Violent Predators Act. The Supreme Court of Texas addresses whether the Act is punitive or civil, concluding that it is civil based on legislative intent and its non-punitive effects, despite provisions for criminal penalties for violations of commitment conditions. The opinion also rejects Fisher's arguments regarding the right to be competent at trial in a civil commitment proceeding, Fifth Amendment self-incrimination, and facial vagueness challenges to the Act's "behavioral abnormality" definition and individualized treatment. The Court reversed the court of appeals' judgment, which had found the Act punitive and unconstitutional, and affirmed Fisher's civil commitment.

Sexually Violent Predator ActCivil CommitmentDue ProcessConstitutional LawPunitive vs. CivilBehavioral AbnormalityMental CompetencyFifth AmendmentVagueness ChallengeOutpatient Treatment
References
54
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. MISSING
Regular Panel Decision
Jan 22, 2004

Mete v. New York State Office of Mental Retardation

This class action alleged age discrimination in employment against the New York State Office of Mental Retardation and Development Disabilities (OMRDD). Plaintiffs, former Chiefs of Developmental Center Treatment Services, claimed disparate treatment and disparate impact arising from a 1989 reduction in force (RIF) that eliminated their positions. All 46 Chiefs, who were over 40, were either demoted or retired, and statistical evidence showed a disproportionate impact on employees over 40. The Supreme Court granted defendants’ motion for summary judgment, dismissing all causes of action. The appellate court affirmed, finding that while plaintiffs established a prima facie case, OMRDD provided a legitimate, nondiscriminatory reason for the RIF (economic conditions and long-standing concerns about the position's utility), which plaintiffs failed to adequately prove was a pretext for discrimination.

Age DiscriminationClass ActionSummary JudgmentDisparate TreatmentDisparate ImpactReduction in ForceEmployment LawPretextPrima Facie CaseStatistical Evidence
References
11
Case No. MISSING
Regular Panel Decision

Claim of Evevsky v. Liberty Mutual Group

This case involves an appeal from a Workers’ Compensation Board decision regarding a claimant's unauthorized medical treatment. The claimant, who sustained neck and shoulder injuries in 1993, had her case reopened in 2001 after the employer's carrier objected to her request for authorized massage therapy. Both the Workers’ Compensation Law Judge and the Board determined that the treatment was not authorized under Workers’ Compensation Law § 13-b, as the massage therapist was not Board-authorized nor supervised by an authorized physician. The appellate court reviewed the Board's decision, affirming that there was no legal basis to overturn the finding. The court also considered and dismissed the claimant's constitutional arguments as being without merit.

Workers' CompensationMedical TreatmentMassage TherapyAuthorizationBoard DecisionAppellate ReviewStatutory InterpretationPhysician SupervisionConstitutionalityPermanent Partial Disability
References
3
Case No. MISSING
Regular Panel Decision

Eldridge v. Rochester City School District

Plaintiff Teresa Eldridge filed a Title VII action against the Rochester City School District, alleging disparate treatment. She sought to amend her complaint to add Thomas Pappa as a defendant, introduce Section 1983 discrimination and retaliation claims, a Monell claim, and seek punitive damages. The court granted her motion in part, allowing the Section 1983 retaliation claim against Pappa and the request for punitive damages as a remedy against him, and the Monell claim against the District. However, the court denied the Section 1983 discrimination claim as futile due to a lack of an adverse employment action and rejected Title VII and Monell claims against Pappa. The decision emphasized judicial discretion in allowing amendments, despite procedural irregularities by the plaintiff's counsel.

Title VIICivil RightsSection 1983Employment DiscriminationWorkplace RetaliationMotion to Amend ComplaintFutility DoctrineAdverse Employment ActionMunicipal LiabilityMonell Claim
References
76
Case No. MISSING
Regular Panel Decision

Goad v. MacOn County, Tenn.

Plaintiff Joe Goad initiated a 42 U.S.C. § 1983 civil rights action, alleging excessive force and denial of medical attention while a pretrial detainee. After some defendants settled, the case proceeded to trial, where a jury found Jeff Bilbrey, James Mercer, and Macon County liable for unreasonable force, and Mercer and Macon County for denial of medical treatment, awarding both compensatory and punitive damages. The defendants subsequently filed a motion to reduce the jury verdict by the amount of the earlier settlement. Applying Tennessee law and federal common law principles, the court granted the set-off for compensatory damages, finding it consistent with the goal of victim compensation without creating a windfall. However, the court denied the set-off for punitive damages, reasoning that such a reduction would undermine the specific purpose of punishment and deterrence against civil rights violators.

Civil Rights ActionExcessive ForceDenial of Medical TreatmentPretrial DetaineeSettlement Set-offPunitive DamagesCompensatory DamagesJoint LiabilityFederal Common LawState Law Application
References
13
Case No. MISSING
Regular Panel Decision
Sep 13, 1979

Claim of Carley v. Triborough Bridge & Tunnel Authority

The Workers’ Compensation Board filed a decision on September 13, 1979, finding that the claimant's disability after January 21, 1977, was causally related to an industrial accident on January 1, 1977. The Board also determined that the claimant's subsequent treatment at the Veterans Administration Hospital was necessary and authorized. This determination was based on Dr. Russo's testimony. The court reviewed the appeal and found substantial evidence in the record to support the Board's decision. Consequently, the decision was affirmed, with costs awarded to the Workers’ Compensation Board.

Industrial AccidentCausally Related DisabilityMedical Treatment AuthorizationWorkers' Compensation AppealBoard DecisionVeterans Administration HospitalMedical TestimonySubstantial EvidenceAffirmed Decision
References
0
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