Richard Castillo and Patsy Castillo v. Gulf Coast Livestock Market, LLC, 392 S.W.3d 299

Gulf Coast Livestock Market brokers livestock sales and largely relies on owners to transport their animals to the auction barn in Alice, Texas.
On Aug. 5, 2008, Richard and Patsy Castillo were injured on Gulf Coast’s premises when a tractor trailer backed into them; the trailer was driven by Charles Hellen, III, who was not Gulf Coast’s employee.
Castillos sued Gulf Coast for premises liability, negligent hiring, and negligence; Gulf Coast moved for three separate summary judgments addressing all claims.
The trial court granted all three Gulf Coast motions, including a no-evidence motion on the motor-carrier issue and excluding an expert affidavit offered by Castillos.
Castillos appealed contending the court erred in the negligence and negligent-hiring rulings and in excluding the expert affidavit; the court affirmed the judgment.
The no-evidence standard governs whether there is a genuine issue of material fact and, under Texas law, requires more than a scintilla of evidence to survive a no-evidence motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gulf Coast was a motor carrier under Tex. Transp. Code § 643.001(6).	Castillos argued Gulf Coast controlled/operated the vehicle.	Gulf Coast showed no control or involvement in hiring; no motor-carrier designation.	No genuine issue; Gulf Coast not a motor carrier; no vicarious liability.
Whether Gulf Coast’s hiring of Hellen on the day of the accident created negligent-hiring liability.	Evidence suggested Gulf Coast hired Hellen or hired the entity that hired him.	No evidence Gulf Coast hired Hellen day-of; records/expertise too weak.	No genuine issue; improper to find negligent hiring; summary judgment affirmed.
Whether exclusion of the expert affidavit requires reversal.	Allen affidavit bears on proximate cause; exclusion affected judgment.	Other grounds supported the judgment; exclusion unnecessary to reversals.	Argument unnecessary to disposition; exclusion did not reverse the judgment.

Martinez v. Hays Constr. Inc., 355 S.W.3d 170 (Tex. App.—Houston [1st Dist.] 2011) (material facts on motor-carrier definition under FMCSR)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (no-evidence standard and appellate review guidance)
Sanchez v. Mulvaney, 274 S.W.3d 708 (Tex. App.—San Antonio 2008) (no-evidence standard; scintilla vs. no evidence)
Triplex Commc'n, Inc. v. Riley, 900 S.W.2d 716 (Tex. 1995) (duty to control third parties depends on special relationships)
Verinakis v. Med. Profiles, Inc., 987 S.W.2d 90 (Tex. App.—Houston [14th Dist.] 1998) (special relationships and control considerations for negligent hiring)
Doege v. Sid Peterson Mem’l Hosp., 2005 WL 1521193 (Tex. App.—San Antonio 2005) (example of summary-judgment standard reliance (WL cited))
Greater Houston Transp. Co. v. Phillips, 801 S.W.2d 523 (Tex. 1990) (negligent hiring framework and duty considerations)