Gessell v. Traweek Ex Rel. Traweek

BLIEL, Justice.

Only Elmer Gessell appeals from the judgment entered, after a jury trial, against T. W. Larkin for $285,000.00 exemplary ' damages, and against Larkin and himself for $65,000.00 actual damages resulting from a shooting incident. The pivotal issue before us is whether there is legally sufficient evidence under any theory, to impose vicarious liability on Gessell for Larkin’s tortious conduct. We conclude there is not. Therefore, we reverse and render judgment in favor of Gessell.

Vina Traweek filed suit on behalf of Robert Traweek, her minor son, for injuries resulting from the…