Vicarious Liability of an Employer
In 2022, the Texas Supreme Court heard Cameron International Corp. v. Martinez regarding potential liability of an employer for an employee’s car wreck after leaving a jobsite. The facts of the case included an oilfield worker leaving a four-day job to meet his supervisor for dinner before restocking his personal supplies of food and water in anticipation of future work. On the way there, the worker was involved in a deadly car wreck. The survivors of the wreck and the estates of the decedents sued both the worker and his employer.
Under the doctrine of respondeat superior, an employer is responsible for the negligence of an agent or employee acting within the scope of their employment. Because of this, even if the employer has done nothing wrong, they may be liable to victims of their employee’s negligence. This is known as vicarious liability, meaning a party indirectly related to the matter can bear responsibility.
In Cameron, the Texas Supreme Court was faced with a scenario where the employee recently left the jobsite, but had finished his four-day schedule in the oilfield and was traveling for personal reasons. Because of this, the Court found that the employer could not be held responsible for its employee’s potential negligence when running personal errands. Accordingly, the employer’s motion for summary judgment was granted.
Interestingly, the trial court initially agreed with the Texas Supreme Court, but was overruled by the appellate court, who believed there was a fact issue on whether the employer could actually be held responsible. This indicates how reasonable minds can differ on interpretation of the law as it pertains to certain facts. Because of this, it is important to ensure that you have a team of competent attorneys who can successfully advocate your position, even if it is open to different conclusions.
The ruling by the Texas Supreme Court limits the doctrine of respondeat superior from being interpreted too broadly. If an employee causes a car wreck that is in no way involved with his scope of work, it would be unduly burdensome to allow plaintiffs to recover from the employer. Additionally, such a reality could lead to more peripheral lawsuits hoping to recover from employers who usually have more funds from which a plaintiff could recover.
Despite this, if it can be proven that a tort such as negligence was committed by an employee within the scope of their employment, respondeat superior allows recovery against the employer. Actions within the scope of employment are generally defined as those undertaken to further the objectives of the employer. In applicable scenarios, a plaintiff can rightfully recover from the employer who put the employee in the situation where a tort was eventually committed.
Whether you are interesting in pursuing or defending from a potential respondeat superior claim, Waldron & Schneider can help. Our team of litigation attorneys is experienced in lawsuits involving a wide variety of torts and can organize an approach to best accomplish your intended objectives.
Call our office today to speak with one of our attorneys about how we can help you with any litigation needs.
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.
Waldron & Schneider wishes everyone a safe and Happy 4th of July. ... See MoreSee Less
![Waldron & Schneider wishes everyone a safe and Happy 4th of July.](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/449779797_1058437179153887_6965080481591941281_n.jpg?_nc_cat=100&ccb=1-7&_nc_sid=833d8c&_nc_ohc=FT-XxaDo8sIQ7kNvgGHsJfz&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYCTbSzLb5Pej_2SG_WbsKrzWfbuYIOFZzGytMacIrXYAA&oe=66AA6F56)
- likes 2
- Shares: 1
- Comments: 0
0 CommentsComment on Facebook
Associate Attorney Collin Bullard writes about the disadvantages of a general partnership in his blog.
... See MoreSee Less
![Link thumbnail](https://external-otp1-1.xx.fbcdn.net/emg1/v/t13/11955181440584686855?url=https%3A%2F%2Fwww.ws-law.com%2Fwp-content%2Fuploads%2F2024%2F06%2FAdobeStock_302471776_Preview.jpeg&fb_obo=1&utld=ws-law.com&stp=c0.5000x0.5000f_dst-emg0_p640x640_q75&ccb=13-1&oh=06_Q399391-cTvmkGV3YsJ6UmOPOWBvLgiskTWanY7yOnaGcJw&oe=66A64B91&_nc_sid=ef6713)
Disadvantages of a General Partnership
www.ws-law.com
Disadvantages of a General Partnership The Texas Business Organizations Code defines a partnership as “an association of two or more persons to carry on a business for profit.” Whether those indiv...1 CommentComment on Facebook
HIRE A LEGITIMATE CRYPTO RECOVERY COMPANY -->REVENANT CYBER HACKER Revenant Cyber Hacker has done an incredible testimony that keeps on trending in the heart of everyone who has been able to benefit from its service of funds recovery or mobile remote spy authorization, just like having the key to someone's heart, getting back lost property or finance is a very joyful wonderous moment well deserve to be celebrated, we lose $861,899.11USD, we lent higher part of that money with the hope of paying it in a short while simply because we were told that our investment is insured and profit is guaranteed. Email: revenantcyberhacker (AT) Gmail (dot) com website: revenantcyberhacker (dot) net TELEGRAM: @ revenantcyberhacker WhatsApp: +1 (913) 820-0739 (OR ) +1(208) 425-8584
Waldron and Schneider wishes Partner Richard Simmons a happy early 50th birthday!!! ... See MoreSee Less
![Waldron and Schneider wishes Partner Richard Simmons a happy early 50th birthday!!!](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448735792_1051622459835359_8865937661603582549_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=103&ccb=1-7&_nc_sid=833d8c&_nc_ohc=vetKzIUViy0Q7kNvgFT-nE4&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYBTrq0M9c05fqyR4vMPApe7xGyHjCdRp2yIgDsJ2Dg3zA&oe=66AA69BA)
![Image attachment](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448921646_1051622479835357_2276486571945747051_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=111&ccb=1-7&_nc_sid=833d8c&_nc_ohc=D1Y7Q840mD4Q7kNvgENlDWg&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYAivkeykI3oSq1o7ctZ0P3VG0HmkotFx51uEpkDG7ZDuA&oe=66AA4EC9)
16 CommentsComment on Facebook
Congrats, Richard. Make sure to have some fun tomorrow.
HAPPY EARLY BIRTHDAY DAD
Happy Birthday!!🎉🎂
Associate Attorney Collin Bullard writes about the importance of buy sell agreements in his blog.
... See MoreSee Less
![Link thumbnail](https://external-otp1-1.xx.fbcdn.net/emg1/v/t13/4468903088293889110?url=https%3A%2F%2Fwww.ws-law.com%2Fwp-content%2Fuploads%2F2024%2F06%2Fsignature-3113182_1280.jpg&fb_obo=1&utld=ws-law.com&stp=c0.5000x0.5000f_dst-emg0_p720x720_q75&ccb=13-1&oh=06_Q399Y_IOT1tANBupJPH2nhd1C68aDlKO6XWXxRpaeyh7u0k&oe=66A67EB8&_nc_sid=ef6713)
The Importance of a Buy/Sell Agreement
www.ws-law.com
The Importance of a Buy/Sell Agreement Many small business owners understand the importance of creating an LLC or similar entity to protect the individual owners from potential liabilities of the c…1 CommentComment on Facebook
HIRE A LEGITIMATE CRYPTO RECOVERY COMPANY -->REVENANT CYBER HACKER Revenant Cyber Hacker has done an incredible testimony that keeps on trending in the heart of everyone who has been able to benefit from its service of funds recovery or mobile remote spy authorization, just like having the key to someone's heart, getting back lost property or finance is a very joyful wonderous moment well deserve to be celebrated, we lose $861,899.11USD, we lent higher part of that money with the hope of paying it in a short while simply because we were told that our investment is insured and profit is guaranteed. Email: revenantcyberhacker (AT) Gmail (dot) com website: revenantcyberhacker (dot) net TELEGRAM: @ revenantcyberhacker WhatsApp: +1 (913) 820-0739 (OR ) +1(208) 425-8584
Congratulations to Emily Simmons (daughter of partner Richard Simmons) who competed in the National American Miss Pageant this weekend! She was the Heart of service Winner!!! 4th runner up overall!! 3rd in Casual wear!!! ... See MoreSee Less
![Congratulations to Emily Simmons (daughter of partner Richard Simmons) who competed in the National American Miss Pageant this weekend! She was the Heart of service Winner!!! 4th runner up overall!! 3rd in Casual wear!!!](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448679002_1046475667016705_7052981222199307912_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=101&ccb=1-7&_nc_sid=833d8c&_nc_ohc=FPx_YKBNoCMQ7kNvgFtfPlx&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYAb_4dNBwHmWRIuXoVoQnaRDy4U3QV0PMABbyDteGochg&oe=66AA4E1A)
![Image attachment](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448559295_1046475677016704_2385135836861991446_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=103&ccb=1-7&_nc_sid=833d8c&_nc_ohc=bMTHbMjtu-YQ7kNvgFmnvIB&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYBz5rG22B-bRlD3eOjj7oswizZyF0rqjwAZBETGpALRvw&oe=66AA70AE)
0 CommentsComment on Facebook