Mose A. Guillory and Mary Guillory v. Seaton LLC D/B/A Staff Management
470 S.W.3d 237
| Tex. App. | 2015Background
- Seaton, LLC contracted with Waste Management to provide a "Staff Management solution" covering administrative management of temporary staffing suppliers; iWorks contracted separately to supply and train temporary workers.
- Mose Guillory, an iWorks employee assigned to a Waste Management facility, was injured operating a Harris Baler and alleged he received no formal training or safety materials required by OSHA.
- Guillory sued Seaton (and others) asserting negligent undertaking, negligent hiring/retention/supervision, general and gross negligence, and breach of contract.
- Seaton moved to dismiss under Tex. R. Civ. P. 91a for causes of action that have no basis in law; the trial court granted the motion and severed the claims against Seaton for appeal.
- Guillory appealed, challenging (1) the Texas Supreme Court’s statutory authority to adopt Rule 91a, (2) Rule 91a’s constitutionality (facial and as applied), and (3) dismissal of his negligent-undertaking claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Guillory stated a viable negligent-undertaking claim | Seaton contract and attached exhibits show Seaton undertook or assumed responsibility to ensure/train temporary workers (or directly provided training) | The Seaton contract contains only vague administrative duties; exhibits show iWorks/Waste Management, not Seaton, had training responsibility | Dismissal affirmed — no basis in law for negligent-undertaking claim |
| Whether the Supreme Court had statutory authority to promulgate Rule 91a (conflict with Ch.10) | Rule 91a is a sanctions rule that conflicts with Chapter 10 limitations on sanctioning and rulemaking | Rule 91a is procedural risk-shifting (not punitive sanctions); §30.021 authorizes fee-shifting for rules under §22.004(g), and §30.021 controls if conflict exists | Overruled — Rule 91a is authorized and does not conflict with Chapter 10 as applied; fee-shifting is authorized by statute |
| Whether Rule 91a is facially unconstitutional (open courts, free speech, due process, equal protection, jury right) | Fee-shifting and dismissal under Rule 91a create a "pay-to-play" barrier chilling meritorious claims and infringing constitutional rights | Rule 91a shifts litigation risk (not a prerequisite to filing), includes procedural safeguards (notice, timelines, opportunity to nonsuit/amend), and does not abridge constitutional rights on its face | Rejected — Rule 91a does not facially violate open courts, speech, due process, equal protection, or jury rights |
| Whether Rule 91a is unconstitutional as applied to Guillory | Rule 91a lacks a carve-out protecting nonfrivolous arguments to extend/modify law; applying it here deprives him of rightful claim | Guillory failed to identify any legal extension/modification sought; he pleaded no legal basis entitling relief; procedural protections applied | Rejected — Guillory did not show as-applied constitutional infirmity; dismissal proper under existing law |
Key Cases Cited
- Dailey v. Thorpe, 445 S.W.3d 785 (Tex. App.–Houston [1st Dist.] 2014) (de novo review and use of pleading plus exhibits in Rule 91a analysis)
- Nall v. Plunkett, 404 S.W.3d 552 (Tex. 2013) (elements of negligent-undertaking claim adopting Restatement § 324A)
- Colonial Sav. Ass’n v. Taylor, 544 S.W.2d 116 (Tex. 1976) (adopting Restatement rule on liability for negligent performance of undertaking)
- In re Columbia Med. Ctr. of Las Colinas, 290 S.W.3d 204 (Tex. 2009) (trial courts must state reasons when disregarding jury verdicts; distinguished from Rule 91a rulings)
- TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991) (purpose and considerations in imposing sanctions)
- Knife River Corp.-S. v. Hinojosa, 438 S.W.3d 625 (Tex. App.–Houston [1st Dist.] 2014) (contractual obligation interpretation and third‑party protection for negligent‑undertaking analysis)
- CTL/Thompson Tex., LLC v. Starwood Homeowner’s Ass’n, Inc., 390 S.W.3d 299 (Tex. 2013) (motion for sanctions treated as an independent claim)