Texas Supreme Court lassos negligent employment claims

The Texas Supreme Court smacked down a decision from a Houston appeals court that—if allowed to stand—would have greatly expanded liability for negligent hiring decisions made by Texas companies. Read on.

Tragic accident

Home Depot hired Werner Enterprises, a nation-wide commercial motor carrier, to move goods from one Home Depot location to another in the Houston area. One day, one of its drivers ran a red light, colliding with a vehicle operated by Natalio Garcia, who died. His estate sued Werner, and the lawsuit settled.

But what about Home Depot? Was it also responsible? The estate thought so, arguing that:

• Werner had been cited for numerous safety violations;

• A Home Depot investigation before hiring Werner would have revealed that information; and

• The lack of due diligence by Home Depot made it liable for the death as well as Werner.

No duty, no claim

The estate made a compelling argument suffering from one flaw—negligence claims must be based on a duty owed by one party to another. Here, there was none. Home Depot didn’t control the way the truck was driven, who drove the truck, or how the truck was loaded. Its only responsibility was hiring a company that, in turn, hired licensed truck drivers. Because Werner was an independent contractor, Home Depot was insulated from liability. The court tied it up with a bow: