Sherard v. Smith

OPINION

SEERDEN, Justice.

Appellant brought suit for wrongful death based on a motor vehicle collision which occurred on July 2, 1984. Appellee had hired Rene Hinojosa to haul grain from his farm to the elevator. Hinojosa’s truck was loaded with 14 or 15 tons of grain when he stopped it on South Padre Island Drive to retrieve a shovel that had fallen from the truck. Appellant’s son drove his vehicle into the rear of the truck and was killed.

Appellant pleaded that appellee was negligent and that appellee is vicariously liable for Hinojosa’s negligence, alleging that Hi-nojosa was appellee’s…