Speed Boat Leasing, Inc. v. Elmer

We are asked to determine what standard of care applies to the operator of a fifty-two-foot speedboat which offers pleasure or “thrill” rides in the Gulf of Mexico. The court of appeals held that it should be held to the high standard of care associated with common earners. 89 S.W.3d 633. We disagree. Our traditional common-carrier analysis turns on the business of transportation and whether the primary purpose of the operator in question is, in fact, the business of transporting people or goods. We conclude that the speed boat operator falls outside our definition of a common carrier. We…