Otis Engineering Corp. v. Clark

Robert Matheson, an employee of Otis Engineering Corporation (Otis) (defendant), was frequently intoxicated during work hours. Matheson’s regular inebriation at work was well known by Matheson’s supervisor, Donald Roy, and Matheson’s co-workers. One day, Roy escorted Matheson to his vehicle after several co-workers reported that Matheson was clearly too intoxicated to work. Roy observed Matheson’s condition and asked whether Matheson could drive home safely. Matheson responded affirmatively and drove away from Otis. While en route to his home, Matheson’s vehicle struck a vehicle occupied by the wives of Larry Clark and Clifford Clark (the Clarks) (plaintiffs). The two women died in the crash. The Clarks filed a wrongful-death action against Otis seeking damages. At trial, the medical examiner testified that Matheson’s blood alcohol content was .268%. The medical examiner further stated that anyone who encountered Matheson would have concluded that Matheson was very intoxicated. The Clarks argued that by sending Matheson home with knowledge that he was very intoxicated, Otis committed negligence. Further, the Clarks argued that Otis could have kept Matheson at the work site, sent Matheson to the nurses’ station on the premises, telephoned for a taxi to take him to his home, or called Matheson’s wife to have her pick him up. The trial court granted summary judgment to Otis. The Clarks appealed. The court of appeals reversed and remanded the matter to the trial court for a trial. The Supreme Court of Texas granted certiorari to review.