Exxon Corp. v. Tidwell

GAMMAGE, Justice,

joined by

DOGGETT and SPECTOR, Justices, dissenting.

I disagree with adopting the new standard in this case, because I believe the evidence clearly supports the conclusion, under the new standard as well as the old, that Exxon exercised control over safety in the workplace. The majority conveniently rejects the old test and adopts the new one to accommodate Exxon as defendant when there is no justification to excuse Exxon from liability in this case. The majority errs in doing so, and I dissent.

This court long ago recognized the potential for oil companies to use “dealership”…