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

Case No. 03-10-00160-CV
Regular Panel Decision
Aug 31, 2010

William H. Kuntz, Jr., in His Official Capacity as Executive Director of the Texas Department of Licensing and Regulation Texas Department of Licensing and Regulation Texas Commission of Licensing and Regulation Frank S. Denton v. Reema Khan, D/B/A Salon Rupa - Shapes Brow Bar

This appeal concerns district court orders that partially denied a plea to the jurisdiction and granted a temporary injunction. The appellants, governmental defendants including the Texas Department of Licensing and Regulation and its executive director and members, faced claims from appellee Reema Khan, who operates eyebrow threading businesses. Khan was penalized for practicing cosmetology without a license and challenged this, arguing eyebrow threading is not within the statutory scope of cosmetology. The appellate court reversed the district court's denial of the plea to the jurisdiction for Khan's declaratory claims, dismissing them as redundant to her Administrative Procedures Act (APA) judicial review claim. However, the court affirmed the temporary injunction, finding no abuse of discretion given Khan's viable APA claim and probable right to recovery against the Department's regulation of eyebrow threading.

Cosmetology RegulationEyebrow ThreadingAdministrative Procedures ActDeclaratory Judgments ActPlea to JurisdictionTemporary InjunctionStatutory InterpretationProfessional LicensingGovernmental AuthorityUltra Vires Act
References
24
Case No. 01-18-00733-CV
Regular Panel Decision
Aug 08, 2019

Jesus Garcia v. MTZ Trucking, Inc.

Jesus Garcia, an employee of MTZ Trucking, Inc., appealed a summary judgment granted in favor of MTZ Trucking in his suit for negligent training and supervision and gross negligence. Garcia was injured when his end-dump truck, while delivering product on a third party's premises, came into contact with a live power line. He alleged that MTZ Trucking failed to train and supervise him on operating the truck and avoiding electrical wires, despite his prior experience. MTZ Trucking argued it owed no such duty, asserting Garcia was a seasoned driver and the dangers of power lines are common and obvious. The First District of Texas Court of Appeals affirmed the summary judgment, holding that an employer does not owe a duty to warn or train an employee about hazards that are commonly known or already appreciated, which included the dangers of operating an end-dump truck near overhead electrical wires.

Summary judgmentNegligent trainingNegligent supervisionGross negligenceEmployer dutiesNon-subscribing employerWorkers' Compensation ActOpen and obvious hazardEnd-dump truckElectrical wires
References
32
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. MISSING
Regular Panel Decision

Albany Truck Rental Service, Inc. v. New Hampshire Merchants Insurance

This case involves an appeal from a declaratory judgment action to determine insurance coverage obligations following a fatal tractor-trailer accident. The accident killed Michael L. Bennekin, a passenger and co-employee of the driver, David L. Sinnamon, both employed by the NYS Department of Correctional Services, which had leased the tractor from Albany Truck. Travelers insured Albany Truck, while Merchants insured the Department. Bennekin's estate initially sued Sinnamon, Albany Truck, and General Tire. Sinnamon was dismissed due to workers' compensation exclusivity, insulating Albany Truck from vicarious liability for Sinnamon's negligence but not its own independent negligence. The court affirmed the Special Term's ruling that Travelers is the primary insurer and Merchants is the secondary/excess insurer for Albany Truck's independent negligence. However, the court reversed the Special Term's decision to refer attorneys' fees for factual determination, concluding that no fees could be allowed as Sinnamon did not incur them to the Attorney-General.

Insurance coveragePrimary and excess insuranceDuty to defendWorkers' Compensation LawCo-employee defenseDeclaratory judgmentVicarious liabilityIndependent negligenceMotor vehicle accidentBreach of contract
References
10
Case No. MISSING
Regular Panel Decision

Lumpkin v. Albany Truck Rental Service, Inc.

This case concerns three related actions stemming from a truck accident that resulted in the death of the plaintiff's decedent, who was a passenger. Both the decedent and the driver, David L. Sinnamon, were employed by the New York State Department of Correctional Services, and the accident occurred during their employment. The original plaintiff sued General Tire and Rubber Company, Albany Truck Rental Service, Inc., and Sinnamon. Sinnamon was dismissed based on the Workers' Compensation Law. Subsequently, General Tire and Albany Truck initiated third-party actions against Sinnamon for indemnity or contribution, which were also dismissed by Special Term, citing Correction Law § 24. The Appellate Division affirmed these dismissals, ruling that Correction Law § 24 clearly bars such third-party actions against employees of the Department of Correctional Services acting within the scope of their employment. The court also rejected the appellants' equal protection challenge to the statute.

Workers' Compensation LawCorrection Law Section 24IndemnificationContributionThird-Party LiabilityGovernment ImmunityEmployee ProtectionStatutory InterpretationEqual Protection ChallengeMotor Vehicle Accident
References
3
Case No. MISSING
Regular Panel Decision

Saylor v. Lakeway Trucking, Inc.

In this workers’ compensation case, the employee, William H. Saylor, sought benefits for mental injuries allegedly arising from contact with hazardous material during his employment as a truck driver for Lakeway Trucking, Inc. On June 15, 1999, Saylor was splashed with hazardous liquid while investigating a leak, subsequently being diagnosed with post-traumatic stress disorder and chronic depression. The trial court found his mental injuries compensable, concluding they arose out of and in the course of his employment, and determined he was 100% permanently disabled regarding his mental faculties. This court affirmed the trial court's judgment, finding the mental injury rationally connected to the hazardous material exposure and supported by sufficient medical and lay testimony, and that the 100% permanent disability finding was not against the preponderance of the evidence.

Workers' CompensationMental InjuryPost-traumatic Stress DisorderChronic DepressionHazardous Material ExposureOccupational DisabilityPermanent DisabilityVocational DisabilityCausationMedical Evidence
References
14
Case No. 2022 NY Slip Op 00701
Regular Panel Decision
Feb 03, 2022

Matter of Martin (Trucking Support Servs., LLC--Commissioner of Labor)

Anthony Martin, a truck driver, filed for unemployment insurance benefits. The Department of Labor determined he was an employee of Trucking Support Services, LLC (TSS) and Distribution Cooperative Network of NY (DCN) under the New York State Commercial Goods Transportation Industry Fair Play Act. TSS and DCN contested this, arguing Martin was an independent contractor. The Unemployment Insurance Appeal Board affirmed the initial determinations, finding Martin to be an employee. The Appellate Division, Third Department, affirmed the Board's decision, concluding that TSS and DCN failed to overcome the statutory presumption of employment and that the Fair Play Act was not preempted by federal law.

Unemployment InsuranceIndependent ContractorCommercial Goods Transportation Industry Fair Play ActEmployee ClassificationLabor LawStatutory Presumption of EmploymentABC TestSeparate Business Entity TestFederal Aviation Administration Authorization ActPreemption
References
10
Case No. MISSING
Regular Panel Decision

Sundram v. City of Niagara Falls

The case involves a petitioner, an Indian national and permanent resident alien, whose application for a taxicab driver's license in Niagara Falls, New York, was denied due to a citizenship requirement in a city ordinance. The petitioner challenged this requirement, arguing it violated the Equal Protection Clause of the Fourteenth Amendment. Citing precedents like Yick Wo v. Hopkins and Truax v. Raich, the court affirmed that the Fourteenth Amendment extends protection to aliens regarding their right to earn a livelihood. The court found no compelling state interest to justify the citizenship classification for taxicab drivers, deeming the "undifferentiated fear" of criminal activity insufficient. Consequently, the court held subdivision (e) of section 16 of chapter 365 of the Niagara Falls ordinances unconstitutional, but withheld injunctive relief pending the full processing of the petitioner's application.

Citizenship RequirementEqual Protection ClauseFourteenth AmendmentAlien RightsTaxicab LicensingOrdinance ConstitutionalityOccupational LicensingDiscriminationRight to WorkNiagara Falls
References
14
Case No. 14-14-00345-CV
Regular Panel Decision
Mar 27, 2015

Albert Lujan D/B/A Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar International Transportation Corp., International Truck and Engine Corporation and Santex Truck Centers, Ltd.

This appeal concerns a lawsuit for damages stemming from the Appellant's purchase of defective trucks from the Appellees. The Appellant, Albert Lujan d/b/a Texas Wholesale Flower Co., alleged breach of express and implied warranties, failure of essential purpose, and economic coercion/duress after the purchased trucks experienced repeated engine failures. The trial court granted the Appellees' motions for summary judgment, finding warranty disclaimers operative, dismissing claims for lack of standing, and striking the Appellant's supporting affidavit as a 'sham' and conclusory. The Appellant argues these rulings were erroneous, contending the disclaimers were invalid, factual issues existed regarding warranty breaches, and the court improperly adjudicated unpresented claims. Additionally, the Appellant challenges the striking of his affidavit and the acceptance of untimely evidence by the trial court.

Breach of WarrantySummary JudgmentEconomic DuressBusiness CoercionProduct LiabilityVehicle DefectsEngine FailureContract LawUniform Commercial CodeAppellate Procedure
References
34
Case No. No. 08-07-00313-CV
Regular Panel Decision
Mar 24, 2010

Celadon Trucking Services, Inc. v. Mario Martinez

Mario Martinez, a truck driver from El Paso, sustained on-the-job back and leg injuries while employed by Celadon Trucking Services, Inc., headquartered in Indiana. He signed an agreement making Indiana workers' compensation law applicable, despite not fully understanding it due to language barriers. After receiving initial treatment in Texas, Celadon directed his further medical care to Indiana and allegedly misrepresented a doctor's 'light duty' release to compel him to travel to Indiana for a functional capacity evaluation and subsequent termination. Martinez sued Celadon in Texas, alleging fraud and negligence; a jury found for Martinez on the fraud claim. However, the Court of Appeals reversed the trial court's judgment, ruling that the Indiana Workers' Compensation Board held exclusive jurisdiction over Martinez's fraud claims, and his failure to exhaust administrative remedies in Indiana deprived the Texas court of subject matter jurisdiction, leading to the dismissal of his suit.

JurisdictionExclusive JurisdictionWorkers' Compensation BoardFraudNegligenceAdministrative RemediesSubject Matter JurisdictionChoice of LawTrucking IndustryEmployment Dispute
References
22
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