law-respondeat-superior theory of liability | vicarious liability | vicariously liable |
Respondeat Superior Concept Defined
Under the doctrine of respondeat superior, a principal or employer may be vicariously liable for the tortious acts
of an agent or employee if the acts are within the course and scope of employment. See F.F.P. Operating
Partners, L.P. v. Duenez, 237 S.W.3d 680, 686 (Tex. 2007); Baptist Mem. Hosp. Sys. v. Sampson, 969 S.W.2d
945, 947 (Tex. 1998); Ogg v. Dillard's, Inc., 239 S.W.3d 409, 418 (Tex-App.-Dallas 2007, pet. denied).
HOUSTON CASELAW ON RESPONDEAT SUPERIOR
“Under the doctrine of respondeat superior, an employer is vicariously liable for the
negligence of an agent or employee acting within the scope of his or her agency or
employment, although the principal or employer has not personally committed a wrong.”
Baptist Mem’l Hosp. Sys. v. Sampson, 969 S.W.2d 945, 947 (Tex. 1998). “[A]n employer is liable for its employee’
s tort only when the tortious act falls within the scope of the employee’s general authority in furtherance of the
employer’s business and for the accomplishment of the object for which the employee was hired.” Minyard Food
Stores, Inc. v. Goodman, 80 S.W.3d 573, 577 (Tex. 2002). The employee’s actionable conduct must be of the
same general nature as the conduct authorized by the employer or must be incidental to the conduct authorized
by the employer. Id. Therefore,“if an employee deviates from the performance of his duties for his own
purposes, the employer is not responsible for what occurs during that deviation.” Id.
Wilson v. Davis (Tex.App. - Houston [1st Dist.] Aug. 14, 2009)(Taft)
(theories of corporate liability for deadly car wreck caused by intoxicated individual, respondeat superior, course
and scope of employment, piercing corporate veil, alter ego theory, and others)
REVERSE TC JUDGMENT AND RENDER JUDGMENT:
Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
01-06-00424-CV Rhonda Wilson and Thomas Stevenson, et al. v. Sam Davis, Amalgam Western, et al Appeal
from Probate Court No 1 of Harris County
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