Fifth Club, Inc. v. Ramirez

in which Chief Justice JEFFERSON, Justice O’NEILL, Justice BRISTER, and Justice MEDINA joined, and in which Justice HECHT, Justice WAINWRIGHT, Justice JOHNSON, and Justice WILLETT joined as to Parts I, II, and III.

In this case we revisit the rule that an employer is generally not liable for the acts of an independent contractor unless the employer exercises sufficient control over the details of the independent contractor’s work. See Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778, 788 (Tex.2001). We do so to consider whether a “personal character exception” makes a business owner’s duties…