feb 1999 · Texas, United States
Knowing of a technician's long hours and four-hour round-trip commute did not make a tire company liable when he fell asleep driving its truck
A tire alignment technician for a tire company who regularly commuted about two hours each way between his home city and the company's shop, working eight- to ten-hour shifts, fell asleep at the wheel of a company truck a little before 3 am and struck an oncoming truck head-on, injuring both drivers. The injured driver sued the company for vicarious liability and negligent entrustment. The Supreme Court of Texas held the crash happened on a personal errand, so the company was not vicariously liable, and that its knowledge of the technician's work schedule and commute, without more, did not raise a fact issue that he was an incompetent driver because of insufficient sleep. It rendered judgment that the injured driver take nothing from the company.
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