G & H TOWING CO. v. Magee
347 S.W.3d 293
| Tex. | 2011Background
- G & H Towing Company employed Colson and Violante as tugboat quartermasters; they loaned each other personal vehicles to drive home after shifts.
- Violante, driving Colson's vehicle, got intoxicated later and caused a fatal crash, killing Douglas and Lois Magee; Violante was convicted of intoxication manslaughter.
- Magees sued Violante, Colson, G & H Towing, and bar-related parties for negligence, negligent hiring, and negligent entrustment; Magees asserted vicarious liability against G & H for Colson's entrustment.
- G & H and Colson both moved for summary judgment; trial court granted, then severed, making final judgments; Magees appealed.
- Court of Appeals affirmed Colson’s no-evidence summary judgment and reversed/remanded G & H’s summary judgment for vicarious liability, holding the motion did not address that ground.
- This Court reverses and remands to address the remaining grounds for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether G & H can be vicariously liable for Colson’s negligent entrustment when Colson did not commit the tort. | Magees contend G & H is vicariously liable for Colson’s entrustment. | G & H argue no tort by Colson means no vicarious liability. | No vicarious liability if Colson did not commit negligent entrustment. |
| Whether the error in granting partial summary judgment is harmless given the lack of evidence against Colson. | Magees rely on grounds addressed in motion; omitted ground precluded by law. | G & H contend harmless error since Colson shows no negligence. | Error harmless; but remand appropriate to consider remaining grounds. |
| Whether the court of appeals properly remanded and whether the case should be remanded rather than affirmed or reversed on other grounds. | Remand consistent with addressing all grounds. | Remand unnecessary if no grounds remain. | Reverse and remand to address other grounds for summary judgment. |
Key Cases Cited
- McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337 (Tex. 1993) (grounds for summary judgment must be expressly presented)
- Chessher v. Southwestern Bell Tel. Co., 658 S.W.2d 563 (Tex.1983) (granting judgment on grounds not raised is reversible error)
- Withrow v. State Farm Lloyds, 990 S.W.2d 432 (Tex.App.-Texarkana 1999) (limited exception for intertwined or derivative unaddressed claims)
- Bandera Elec. Coop. v. Gilchrist, 946 S.W.2d 336 (Tex.1997) (final judgment when granted more relief than requested can be final and appealable)
- Mercedes-Benz Credit Corp. v. Rhyne, 925 S.W.2d 664 (Tex.1996) (harmful error standards related to denial of jury trial)
- Lorusso v. Members Mut. Ins. Co., 603 S.W.2d 818 (Tex.1980) (harmless error rule applies to summary judgment errors)