Otis Engineering Corp. v. Clark

I dissent. The summary judgment evidence before us is not disputed. The sole question is whether an employer is under a duty to control the conduct of an intoxicated, off-duty employee. Otis Engineering Corporation’s agent, Mr. Donald Roy, was responsible for the supervision of twenty-three employees, including Matheson. On a prior occasion, Roy was informed by other workers that Matheson drank on the job, allegedly in his car during breaks. Subsequently, Roy confronted Matheson, explained the company’s policy against drinking, and warned him that he would be terminated if he drank on company…