Legal Opinion

Steven Painter Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Virginia Weaver, Individually and as Next Friend of A.A.C., a Minor And Tabitha R. Rosello, Individually and as Representative of the Estate of Albert Carillo v. Amerimex Drilling I, Ltd.

Texas Supreme Court

Decided April 13, 2018No. 16-0120PublishedCited by 133 opinions

Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Johnson, Justice Guzman, Justice Boyd, and Justice Devine joined.

1Opinion of the Court

This negligence case arises from a motor-vehicle accident that occurred while a drilling-company employee was driving three of his coworkers from a drilling site to employer-provided housing after a shift. We must determine if genuine issues of material fact exist as to whether the driver was acting as the company's employee and within the course and scope of his employment at the time of the accident, subjecting the company to vicarious liability for his alleged negligence. Although it does not dispute the existence of the employer-employee relationship, the employer asserts that it lacked…

2Cases cited38 opinions

  1. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  2. Goodyear Tire and Rubber Co. v. MayesTexas Supreme Court · 2007
  3. Frost National Bank v. FernandezTexas Supreme Court · 2010
  4. St. Joseph Hospital v. WolffTexas Supreme Court · 2002
  5. Homer Merriman v. Xto Energy, Inc.Texas Supreme Court · 2013

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3Cited by133 opinions

  1. A.H.D. Houston, Inc. D/B/A Centerfolds; Dwg Fm Inc. D/B/A Splendor; D. Houston Inc. D/B/A Treasures; A.H.D. Houston, Inc. D/B/A Centerfolds; And W.L. York, Inc. D/B/A Cover Girls, Incorrectly Named as A.H.D.Houston, Inc. D/B/A Centerfolds; Dwg Fm Inc.,d/B/A Splendor; D. Texas Investments, Inc. D/B/A Treasures; A.H.D. Houston, Inc. D/B/A Treasures; And W.L. York, Inc. D/B/A Treasures v. Jaime Middleton; Cora Skinner; Jamillette Gaxiola, Jennifer Zharinova; Jessica Hinton; Lina Posada; Lucy Pinder; Paola Canas; Sandra Valencia; Tiffany Toth;Cielo Jean Gibson; Maysa Qui; Elizabeth Turner; Emily Sears; Gemma Lee Farrell and Jaclyn Swedberg, Texas Court of Appeals, 1st District (Houston)2025
  2. Ada Elizondo v. U.S. Bank, N.A., Texas Court of Appeals, 13th District2021
  3. Adriana Garcia v. Bazan Enterprise, Inc. D/B/A Taco Ole Restaurant, Texas Court of Appeals, 13th District2022
  4. Aguilar v. Collazo-DiazDistrict Court, W.D. Texas · 2023
  5. Alexander v. Southern Health Partners IncDistrict Court, N.D. Texas · 2023

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