Legal Opinion

Smith v. Universal Electric Construction Co.

Court of Appeals of Texas

Decided June 30, 2000No. 12-00-00035-CVPublishedCited by 8 opinions

1Opinion of the Court

JIM WORTHEN, Justice.

This is an appeal from a directed verdict. Charles Brian Smith (“Smith”) brought suit against Universal Electric Construction Company (“Universal”) for damages he allegedly suffered when his motorcycle was struck by a pickup driven by Thomas Rodgers (“Rodgers”), a laborer employed by Universal. In one issue, Smith challenges the directed verdict entered in favor of Universal. Holding that there was legally insufficient evidence to establish that Rodgers was acting within the course and scope of his employment with Universal when his pickup struck Smith, we will affirm.

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2Cases cited16 opinions

  1. Kindred v. Con/Chem, Inc.Texas Supreme Court · 1983
  2. S.V. v. R.V.Texas Supreme Court · 1996
  3. Texas General Indemnity Company v. BottomTexas Supreme Court · 1963
  4. Freeman v. Texas Compensation Insurance Co.Texas Supreme Court · 1980
  5. Kennedy v. American National InsuranceTexas Supreme Court · 1937

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3Cited by8 opinions

  1. Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative v. Sandridge Energy, Inc., Texas Court of Appeals, 8th District (El Paso)2015
  2. Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative v. Amerimex Drilling I, LTD., Texas Court of Appeals, 8th District (El Paso)2015
  3. Jerry Glass and Terri Fletcher as the Personal Representatives of the Estate of Herman Glass and Glass Texaco Distributors, Inc., Appellants/Cross-Appellees v. Gary Williams, Appellee/Cross-Appellant and Motiva Enterprises, LLC and Borders & Long Oil, Inc., Texas Court of Appeals, 12th District (Tyler)2009
  4. Jerry Glass and Terri Fletcher as the Personal Representatives of the Estate of Herman Glass and Glass Texaco Distributors, Inc., Appellants/Cross-Appellees v. Gary Williams, Appellee/Cross-Appellant and Motiva Enterprises, LLC and Borders & Long Oil, Inc., Texas Court of Appeals, 12th District (Tyler)2009
  5. Johnnie Melton and Shelley Melton v. Big Creek Construction, Ltd. and WFMM, LLC, Texas Court of Appeals, 1st District (Houston)2025

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