Texas Court of Appeals
984 S.W.2d 308 (1998)
While driving with his friend, Russell Allen (defendant), as a passenger, Jeremy Faggard pulled his vehicle into a convenience store to purchase beer. Both Allen and Faggard were under 21. Allen later said that he did not know that the purchase of alcohol was Faggard’s intent when the pair went for a drive. Additionally, Allen stated that he did not pay any amount toward the purchase of the alcohol. Thereafter, Faggard drank approximately seven beers, while Allen consumed between four and five beers. Allen later asked Faggard to give him a ride to his house so that he could make it to dinner. During the trip, Faggard’s vehicle collided with a car driven by Robert Shinn. Shinn was killed in the crash. Shinn’s wife, Gail (plaintiff), was seriously injured. Gail filed suit against Allen, alleging negligence and claiming that Allen had substantially assisted or encouraged an intoxicated Faggard to drive, which ultimately caused the death of her husband and injuries to her. Allen filed a motion for summary judgment, claiming that he owed no duty to Gail. The trial court granted Allen’s motion. Gail appealed, arguing that the evidence sufficiently established a duty on the part of Allen under the concern-of-action theory of liability.
Rule of Law
Holding and Reasoning (Wilson, J.)
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