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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

Nabors Well Services, Ltd. v. Romero

The Texas Supreme Court overruled its long-standing precedent that prohibited the admissibility of seat belt evidence in car accident cases. This decision, based on changes from contributory negligence to proportionate responsibility and modern societal norms regarding seat belt use, allows relevant evidence of seat belt use or non-use to be considered for apportioning responsibility for injuries, even if it did not cause the accident itself. The Court emphasized that the proportionate responsibility statute (Tex. Civ. Prac. & Rem. Code §§ 33.003(a), 33.011(4)) requires fact-finders to consider all conduct contributing to harm, including a plaintiff's pre-occurrence, injury-causing actions. The case was remanded to the court of appeals for further proceedings consistent with this new opinion, particularly regarding the exclusion of expert testimony on injury causation. This landmark decision aligns Texas tort law with a common-sense approach to personal injury liability.

seat belt defensecomparative faultproportionate responsibilitytort lawevidence admissibilityinjury causationnegligencecivil procedurejudicial precedentstatutory interpretation
References
31
Case No. MISSING
Regular Panel Decision

Zollinger v. Owens-Brockway Glass Container, Inc.

Plaintiffs Robert and Robin Zollinger initiated a personal injury lawsuit against Owens-Brockway Glass Container, Inc., stemming from a forklift accident that injured Robert Zollinger's foot. Plaintiffs moved for partial summary judgment to exclude a seat belt defense, dismiss a defense under New York Civil Practice Law and Rules Article 16, and preclude the testimony of the defendant's expert witness. The court partially granted the motion regarding expert testimony, finding it unnecessary for assessing whether a forklift operator acted prudently, but denied it for accident and injury causation analysis. The motions to strike the seat belt and Article 16 defenses were denied, with both parties granted leave to amend their pleadings to properly assert these points. The decision delved into the admissibility of seat belt non-use for damages mitigation and the intricacies of apportioning liability under Article 16 in personal injury cases.

Personal InjuryForklift AccidentSeat Belt DefenseExpert TestimonySummary JudgmentComparative NegligenceCausationAccident ReconstructionWorkers' Compensation LawCPLR Article 16
References
27
Case No. MISSING
Regular Panel Decision

Belt Painting Corp. v. TIG Insurance

This case addresses whether an 'absolute pollution exclusion' in an insurance policy applies to indoor dissemination of paint or paint solvent fumes. Belt Painting Corp., the plaintiff, was sued by Joseph and Maria Cinquemani for injuries sustained from inhaling fumes during Belt's work. TIG Insurance Company, the defendant and Belt's insurer, denied coverage based on the pollution exclusion. The Supreme Court initially sided with TIG, but the Appellate Division reversed the decision. The Appellate Division held that the exclusion does not apply to cases where the 'environment,' as commonly understood, is unaffected by what could realistically be defined as 'pollution,' thus mandating TIG to defend and indemnify Belt.

Insurance LawPollution ExclusionAbsolute Pollution ExclusionContract InterpretationCommercial General Liability PolicyIndemnificationDeclaratory JudgmentIndoor Air ContaminationToxic FumesPaint Solvent
References
30
Case No. NO . 13-0136
Regular Panel Decision
Feb 13, 2015

Nabors Well Services, Ltd. F/K/A Pool Company Texas, Ltd. and Lauro Bernal Garcia v. Asuncion Romero, Individually and as Representative of the Estate of Aydee Romero, and as Next Friend of Edgar Romero and Saul Romero Esperanza Soto, Individually and as Next Friend of Esperanza Soto, Guadalupe Soto, Maria Elena Soto And Marti

The Texas Supreme Court overruled its 1974 precedent, Carnation Co. v. Wong, which barred evidence of seat-belt nonuse in civil car-accident cases. In this decision, delivered by Justice Brown, the Court held that relevant evidence of a plaintiff's pre-occurrence, injury-causing conduct, such as failure to use a seat belt, is admissible for apportioning responsibility under the state's proportionate-responsibility statute. The Court reasoned that legislative changes to Texas's fault apportionment system and modern seat-belt laws have rendered the old rule anachronistic. The case involved a collision where seat-belt use was disputed, and the trial court had excluded seat-belt evidence based on the Carnation precedent. The judgment of the court of appeals was reversed, and the case remanded for further proceedings consistent with this new interpretation.

Seat Belt DefenseComparative NegligenceProportionate ResponsibilityTort ReformInjury CausationAutomobile AccidentTexas Supreme CourtLegal PrecedentStatutory InterpretationCivil Procedure
References
30
Case No. MISSING
Regular Panel Decision
Oct 19, 1990

Rascoe v. Riteway Rentals

The plaintiff, a truck driver employed by a third-party defendant, was injured in a vehicle accident while riding as a passenger in a rental truck driven by a co-employee. The truck, owned by the defendant, was allegedly not equipped with seat belts on the passenger side. The defendant's motion for summary judgment was denied by the Supreme Court, Bronx County. The appellate court affirmed this denial, ruling that Workers' Compensation Law § 29 (6) does not provide a complete defense when allegations of affirmative negligence by a third party exist alongside co-employee negligence. The defendant failed to demonstrate, as a matter of law, the absence of a triable issue regarding the presence of seat belts in the truck.

Summary JudgmentPersonal InjuryTruck AccidentCo-employee NegligenceAffirmative NegligenceWorkers' Compensation LawSeat Belt SafetyAppellate ReviewThird-Party LiabilityMotion Denial
References
2
Case No. MISSING
Regular Panel Decision

Barnett v. Milan Seating Systems

Frances Barnett, an employee of Milan Seating Systems, suffered bilateral carpal tunnel syndrome, leading to two workers' compensation lawsuits. The first settled a left-hand injury, while the second sought compensation for a right-hand carpal tunnel and a cubital tunnel injury. A key issue on appeal was whether Barnett was still employed by her "pre-injury employer" after Milan Seating was sold to Kongsberg Automotive, which impacted the application of a 1.5 multiplier to her benefits. The court reversed the chancery court's decision, ruling that a company sale means an employee is no longer with the pre-injury employer, thus lifting the 1.5 multiplier cap for the cubital tunnel injury. However, the appellate court affirmed the chancery court's finding that the right carpal tunnel injury was not new, and further compensation was barred by res judicata. The case was remanded for vocational disability determination regarding the cubital tunnel injury without the multiplier limitation.

Workers' CompensationCarpal Tunnel SyndromeCubital Tunnel SyndromePre-Injury EmployerStatutory InterpretationRes JudicataPermanent Partial ImpairmentVocational DisabilityCompany SaleMultiplier Cap
References
14
Case No. MISSING
Regular Panel Decision

Whitehead v. Holston Defense Corporation

Eoscoe E. Whitehead was awarded total and permanent disability under the Workmen’s Compensation Law due to pulmonary fibrosis, an occupational disease contracted during his employment at Holston Defense Corporation. The defendant appealed, challenging the compensability of the disease and alleging lack of proper notice. The Court affirmed the Chancellor's decree, finding substantial evidence of a causal connection between Whitehead's work conditions and his illness. The Court also determined that the employer's medical staff had actual knowledge of Whitehead's condition and concealed it from him. It broadly interpreted T.C.A. sec. 50-1101 to include Whitehead's ailment as a compensable occupational disease, overruling the assignments of error.

Occupational DiseasePulmonary FibrosisWorkers' CompensationTotal Permanent DisabilityCausationEmployer KnowledgeConcealment of ConditionStatutory ConstructionNon-scheduled Occupational DiseaseIndustrial Exposure
References
2
Case No. MISSING
Regular Panel Decision

Lawson v. Lear Seating Corp.

This case involves Sheila I. Lawson, a production line worker for Lear Seating Corporation, who developed carpal tunnel syndrome due to repetitive stress. The Special Workers’ Compensation Appeals Panel initially concluded that Lawson failed to commence her action for benefits within one year of the accident causing injury, barring her claim. However, the Chief Justice's opinion reverses this, ruling that for repetitive stress injuries, the "accident resulting in the injury" is the date the employee can no longer perform work. Since Lawson became unable to work on June 17, 1993, and filed suit in April 1994, her claim was deemed timely. The judgment of the trial court, which presumably found in Lawson's favor, is affirmed.

Carpal Tunnel SyndromeRepetitive Stress InjuryStatute of LimitationsWorkers' Compensation BenefitsLast Day Worked RuleOccupational InjuryPermanent Partial ImpairmentDisability BenefitsMedical DiagnosisJudicial Review
References
11
Case No. MISSING
Regular Panel Decision

Yost v. Justin Belt Co.

This case involves consolidated appeals regarding a declaratory judgment and a temporary injunction. The appellants are Joe Yost, Roger E. Souder, and Tony Lama Company, Inc., while the appellees are Justin Belt Company, Inc., and H. J. Justin & Sons, Inc. The core dispute centers on the enforceability of a contract containing restrictive covenants, specifically agreements not to compete in the boot business and not to employ each other's personnel. The court found the non-compete clause to be an unreasonable restraint of trade and against public policy because it was not ancillary to a transfer of goodwill or an existing employment contract. Consequently, the court ruled that the illegality of this consideration vitiated the entire contract, rendering it unenforceable. While the contract itself was declared void, the court modified a temporary injunction, affirming restraints on Yost, Souder, and Tony Lama Company from soliciting or encouraging Justin employees to leave, but reversing the injunction that prevented Souder from engaging in the boot business. The judgment related to declaratory relief was reversed, and the contract was declared void.

Restrictive CovenantsNon-Compete AgreementTrade SecretsTemporary InjunctionDeclaratory JudgmentPublic PolicyIllegal ContractContract EnforcementSolicitation of EmployeesEquity
References
35
Case No. MISSING
Regular Panel Decision

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
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