Eugene Blair, III sued Faustino Murillo and his employer, Atlantic Industrial, Inc., following an automobile accident in which Blair was injured. Murillo stipulated that he was the sole cause of the- accident; thus, no negligence or causation questions were submitted as to him. The trial court submitted three questions to the jury regarding Atlantic: respondeat superior, negligent entrustment, and proportionate responsibility. The jury answered the re-spondeat superior and negligent entrustment. questions affirmatively and apportioned fault between Atlantic and Murillo at 60% and 40%,. respectively. The trial court disregarded the apportionment answer and rendered a. joint and several judgment for Blair’s damages against both defendants. Atlantic and Murillo appealed.
The court of appeals reversed both liability findings as to Atlantic,
In Blair’s petition for review and Murillo’s response, they agree that the court of appeals rendered a judgment that is inconsistent with its opinion. ‘ We agree that the opinion and judgment are inconsistent. Accordingly, without consideration of the merits béyond the matters addressed by this opinion, we grant the petition for review without hearing oral argument, see Tex. R. App. P. 59.1, and reverse the court of appeals’ judgment. We remand the case to the court of appeals for it to render judgment consistent with its opinion.
