Sherard v. Smith
Texas Court of Appeals
778 S.W.2d 546 (1989)
- Written by Kate Luck, JD
Facts
Carl Smith (defendant) hired Rene Hinojosa to haul grain from Smith’s farm to the grain elevator where the grain was to be stored. Smith paid Hinojosa based on the amount of grain hauled and did not withhold taxes or provide any other benefits. Hinojosa provided his own vehicle and was responsible for its maintenance. One day, while Hinojosa was driving his truck filled with grain to the grain elevator, Hinojosa stopped to pick up a shovel that had fallen from his truck. When Hinojosa did so, Mark Henson drove into the back of the truck and was killed. Henson’s mother, Barbara Sherard (plaintiff), sued Smith for wrongful death, alleging that Smith, as Hinojosa’s employer, was vicariously liable for Hinojosa’s negligence. Smith argued that Hinojosa was an independent contractor rather than an employee and, therefore, Smith was not vicariously liable for Hinojosa’s negligence. The trial court granted Smith’s summary-judgment motion, and Sherard appealed.
Rule of Law
Issue
Holding and Reasoning (Seerden, J.)
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