Aaron Engler v. Gulf Interstate Engineering Inc

OPINION

BERCH, Chief Justice.

¶ 1 In this case, we address whether an employer can be held vicariously liable for an after-work accident caused by an employee who was on an extended away-from-home assignment. We hold that because the employee was not subject to his employer’s control, he was not acting within the scope of his employment at the time of the accident and the employer is therefore not liable for his actions.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 Ian Gray worked for Gulf Interstate Engineering, Inc. (“Gulf’), a Texas-based energy consulting company. In 2007, Gray worked on the design…