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Texas employer dodges wrongful death lawsuit

February 2023 employment law letter
Authors: 
Michael P. Maslanka, UNT-Dallas College of Law

Companies can only make money through employees. So far, so good. But when is a company on the hook for harm to others caused by the actions of its employees? The Texas Supreme Court recently chimed in on this issue in a lawsuit involving a tragic car accident in West Texas.

Company mission or personal errand?

John Mueller was a truck driver for Cameron International Company, which drilled for oil in remote West Texas. Mueller lived in a trailer at the work site, and he collided with another vehicle while coming back from a trip to a grocery store. The occupants of the other car were either killed or injured, and a wrongful death and person injury lawsuit followed.

Cameron (the deep financial pocket) asked the court to dismiss the lawsuit, but the El Paso Court of Appeals refused. It reasoned that Mueller was acting in the interests of Cameron at the time of the accident—that is, buying supplies so he could feed and hydrate himself to be ready for the next day’s work.

According to the court’s reasoning, the company benefited from the grocery store trip, so it could therefore be on the hook for any harm or mishaps that occurred during it.

Texas Supreme Court: personal errand

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