D. Houston, Inc. v. Love

In this case, an independent contractor sustained injuries in an alcohol-related automobile accident after her employer, 1 a commercial seller of alcohol, allegedly required her to consume alcohol on the job. We must determine whether the Texas Dram Shop Act provides the exclusive remedy for suing a commercial seller of alcohol in such a situation.

We conclude that the Dram Shop Act does not abrogate a commercial seller’s common law duties as an employer to its employees and independent contractors. Further, we conclude that if an employer requires its independent contractor while working to…