Sem v. State

OPINION

LATTIMORE, Justice.

The issue in this appeal from summary judgment is whether the State may be liable for negligent exercise of control over its independent contractor which proximately caused the death of the contractor’s employee. We conclude it may be liable, and reverse and remand for trial.

Tex-Sun Construction Company, Inc. contracted with the Texas State Department of Highways and Public Transportation to pick up trash along the highways. Sem Sam, an employee of the contractor, was killed as he was attempting to post a warning sign along a high-speed freeway. His children sued the…