In re Great Plains Management Corporation – 665 S.W.3d 717 – Jul 27, 2022
The Fourth Court of Appeals (San Antonio) reversed the judgment of the trial court and remanded the matter for the entry of an order denying Employer-Defendant’s application to transfer responsibility of future payments made pursuant to the Longshore and Harbor Workers’ Compensation Act. The Court reasoned that such action is prohibited by the Texas Structured Settlement Protection Act.
MedFinManager, LLC v. Salas – 04-20-00051-CV – Aug 25, 2021
The Fourth Court of Appeals affirmed the trial court’s judgment as to MedFin’s breach of contract and quantum meruit claims and as to litigation costs. The Court also reversed and remanded for a determination of MedFin’s attorney’s fees related to its promissory estoppel claim.
Dicex International, Inc. v. Amigo Staffing, Inc. – 04-20-00018-CV – Mar 24, 2021
The Fourth Court of Appeals (San Antonio) found that, where a claim was initiated prior to the effective date of Texas Labor Code 93.004(b), a staffing agreement must satisfy Texas Labor Code 417.004’s requirement of “a written agreement with the third party to assume the liability.” The Court determined that the staffing agreement between the parties failed to meet this requirement because it did not mention indemnity, much less contain an express indemnity clause. As such, the Court concluded that the agreement was insufficient to show Appellee-Staffing-Company expressly assumed liability to indemnify third parties for injuries to Appellant-Employer’s employees.
Tozi v. RJ & Sons LLC – 614 S.W.3d 767 – Oct 28, 2020
The Fourth Court of Appeals (San Antonio) held that the trial court erred in granting the non-subscriber employer’s plea to the jurisdiction. The Fourth Court reasoned that there was an issue of material fact surrounding the location of employee’s contract for hire, and the Michigan Bureau of Workers’ Compensation may not have exclusive jurisdiction.
In re Vilore Foods Company, Inc. – 04-19-00860-CV – Mar 11, 2020
Court of Appeals of Texas, San Antonio. IN RE VILORE FOODS COMPANY, INC. No. 04-19-00860-CV | Delivered and Filed: March 11, 2020 Attorneys & Firms Christopher Andrew Lowrance, Royston, Rayzor, Vickery & Williams L.L.P, 802 N. Caranchua St., Suite 1300, Corpus Christi, TX 78401-0021, for Appellant. Ryan King, The Law Offices of Gene S. Hagood, […]
American Home Assurance Company v. De Los Santos – 04-18-00906-CV – Oct 30, 2019
Court of Appeals of Texas, San Antonio. AMERICAN HOME ASSURANCE COMPANY, Appellant v. Noela DE LOS SANTOS, Individually and as Next Friend of Kimberly A. Ruiz, Appellee No. 04-18-00906-CV | Delivered and Filed October 30, 2019 Attorneys & Firms Jessica MacCarty, Robert D. Stokes, Flahive, Ogden & Latson, 8911 N Capital of Texas Hwy, Austin, […]
Heb Grocery Company, LP v. Del Cid – 04-19-00058-CV – Jul 31, 2019
Court of Appeals of Texas, San Antonio. HEB GROCERY COMPANY L.P., Appellant v. Maria Del Rosario DEL CID, Appellee No. 04-19-00058-CV | Delivered and Filed: July 31, 2019 From the 111th Judicial District Court, Webb County, Texas, Trial Court No. 2018-CVF-001384-D2, Honorable Monica Z. Notzon, Judge Presiding Attorneys & Firms Nissa M. Dunn, Houston Dunn, […]
Mora v. Valdivia – 595 S.W.3d 713 – Jul 17, 2019
Court of Appeals of Texas, San Antonio. David MORA, Texas Sterling Construction Co. a/k/a Texas Crushed Concrete, and Sterling Construction Company, Inc. a/k/a Sterling Delaware Holding Company, Inc., Appellants v. Martin VALDIVIA, Sr. and Maria Cervantes Valdivia, both Individually and as Sole Heirs of the Estate of Martin Valdivia, Jr., Deceased, Appellees No. 04-17-00565-CV | […]
Nio v. Primoris Energy Services Corp. – 04-18-00758-CV – Jul 10, 2019
Court of Appeals of Texas, San Antonio. Michelle NIÑO, Individually and as Personal Representative of the Estate of Robert Niño, Deceased; Julyssa Sixx Niño; Robert Niño Jr.; and Alyssa Nikki Niño; Appellants v. PRIMORIS ENERGY SERVICES CORP., Appellee No. 04-18-00758-CV | Delivered and Filed: July 10, 2019 From the 365th Judicial District Court, Dimmit County, […]
Martinez v. State Office of Risk Management – 582 S.W.3d 513 – Nov 7, 2018
Court of Appeals of Texas, San Antonio. Edna A. MARTINEZ, Appellant v. STATE OFFICE OF RISK MANAGEMENT, Appellee No. 04-14-00558-CV | Delivered and Filed: November 7, 2018 Attorneys & Firms APPELLANT ATTORNEY: Kenneth W. Howell, Attorney at Law, 629 S. Presa, San Antonio, TX 78210. APPELLEE ATTORNEY: Emily Jakobeit, P.O. Box 12548, Austin, TX 78711. […]