Espinoza v. Kansas City Southern Railway Company – 04-22-00732-CV – Aug 23, 2023
Court of Appeals of Texas, San Antonio. Ana Marie Mendez ESPINOZA, Individually and as Personal Representative of the Estate of Juan Manuel Espinoza, Jr.; Janice Janet Espinoza; Jonathan Espinoza; and Juliza Espinoza, Appellants v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellee No. 04-22-00732-CV | Delivered and Filed: August 23, 2023 From the 406th Judicial District […]
A-1 Freeman Moving & Storage LLC v Ortiz Galindo – 08-23-00001-CV – Aug 23, 2023
The Eighth Court of Appeals (El Paso) reversed the trial court’s order denying the motion to compel arbitration as to A-1 Freeman Moving and affirmed the trial court’s order denying the motion to compel arbitration as to A-1 Freeman NA.
Gonzalez v. Lopez – 13-22-00216-CV – Aug 03, 2023
The Thirteenth Court of Appeals affirmed the trial court’s order of dismissal when Plaintiff-Employee filed suit against Defendant-Employer instead of the Defendant-Carrier.
In re Home Depot USA Inc. – 09-23-00076-CV – Aug 03, 2023
Court of Appeals of Texas, Beaumont. IN RE HOME DEPOT U.S.A., INC. NO. 09-23-00076-CV | Submitted on April 19, 2023 | Opinion Delivered August 3, 2023 Original Proceeding, 284th District Court of Montgomery County, Texas, Trial Cause No. 22-06-08438-CV Attorneys & Firms Kelly Knotts, Ciara Perritano, Jason R. Bernhardt, for Relator. Dana Brooke Levy, Shelby […]
Henry v. Notzon – 05-20-00994-CV – Jul 25, 2023
The Fifth Court of Appeals (Dallas) granted Plaintiff-Employee’s motion for rehearing and withdrew the Court’s prior opinion. The Court concluded that the trial court erred in granting summary judgment based on collateral estoppel because Defendant-Attorney failed to conclusively establish that the facts Plaintiff-Employee sought to establish were actually litigated and essential to the federal court’s summary judgment ruling in Plaintiff-Employee’s federal lawsuit against Employer.
Segovia v. Houston Metals LLC – 14-22-00130-CV – Jul 25, 2023
Court of Appeals of Texas, Houston (14th Dist.). Marcell Rodriguez SEGOVIA, Appellant v. HOUSTON METALS, LLC, Appellee NO. 14-22-00130-CV | Opinion filed July 25, 2023 Attorneys & Firms David Michael Valetutto, Lawrence Ray Lassiter, for Appellant. Lori Wiese, for Appellee. Panel consists of Chief Justice Christopher and Justices Jewell and Spain. MEMORANDUM OPINION Charles A. […]
Harris County Department of Education v. Montgomery – 14-22-00008-CV – Jul 20, 2023
The Fourteenth Court of Appeals (Houston) ruled that a court has no jurisdiction to award damages predicated on the allegedly wrongful deprivation of workers’ compensation benefits to an injured worker, except on judicial review, without a determination by the Division of Workers’ Compensation that such benefits were due.
Santander v. Seward – 700 S.W.3d 126 – Jul 18, 2023
The Dallas Court of Appeals affirmed in part and reversed in part the trial court’s rulings arising from the 2018 Home Depot shooting. It reinstated negligence and vicarious-liability claims against off-duty officer Chad Seward, security contractor Point2Point, and Home Depot for conduct that occurred before Seward radio-checked a warrant, but affirmed dismissal for actions after that point and upheld summary judgment clearing Home Depot of liability for guard Elijah Lateef. Because the opinion centers on whether Seward was acting in the course and scope of his public police employment or his private security job, it supplies practical guidance on “dual-capacity” distinctions that also govern compensability and subrogation issues, even though no workers-comp claim was litigated.
Great Divide Insurance Company v. Fortenberry – 05-19-01541-CV – Jul 17, 2023
Court of Appeals of Texas, Dallas. GREAT DIVIDE INSURANCE COMPANY, Appellant v. Alcus Reshod FORTENBERRY, Appellee No. 05-19-01541-CV | Opinion Filed July 17, 2023 Attorneys & Firms John Edward Collins, for Appellee. Linda R. Meltzer, Belinda May Arambula, David L. Brenner, for Appellant. Before Justices Reichek, Carlyle, and Kennedy1 MEMORANDUM OPINION ON REMAND Opinion by […]
Guzzetta v. Brimhall LQ LLC – 678 S.W.3d 251 – Jul 12, 2023
Court of Appeals of Texas, San Antonio. Jerry A. GUZZETTA, Appellant v. BRIMHALL LQ, LLC d/b/a La Quinta Hotel, Appellee No. 04-22-00194-CV | Delivered and Filed: July 12, 2023 Attorneys & Firms APPELLANT ATTORNEY: Carl J. Kolb, Attorney at Law, 501 Congress Ave., Ste. 150, Austin, TX 78767. APPELLEE ATTORNEY: Patrick J. Stolmeier, Attorney at […]