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Williams v. McCollister

671 F. Supp. 2d 884 (2009)

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Williams v. McCollister

United States District Court for the Southern District of Texas
671 F. Supp. 2d 884 (2009)

Facts

Lister McCollister (defendant) was driving a truck owned by his employer, P.A.M. Transport, Inc. (P.A.M.) (defendant), when he caused an accident that injured Danny Williams (plaintiff). Williams sued McCollister and P.A.M. in federal district court, asserting claims against McCollister for ordinary negligence and against P.A.M. for ordinary negligence in hiring, training, and retention. P.A.M. admitted that it was vicariously liable for Williams’s negligence because Williams had operated the truck in the course and scope of his employment. P.A.M. then moved for summary judgment concerning the negligent hiring, training, and retention claims. The district court referred the matter to United States Magistrate Judge J. Scott Hacker for a report and recommendation.

Rule of Law

Issue

Holding and Reasoning (Hacker, J.)

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