Jean Bowman v. Rawhide Welding Service, LLC

Summary

The Texas Thirteenth Court of Appeals affirmed summary judgment for Rawhide Welding Service, LLC in Jean Bowman's premises-liability suit arising from injuries caused by a chuckwagon fly pole. The court held that Bowman produced no evidence of an agency relationship between Rawhide and Eugene Kotzur, and therefore her related negligence, negligent undertaking, negligent entrustment, and vicarious-liability claims also failed.

Holdings

1. Bowman failed to produce more than a scintilla of evidence that Rawhide communicated authority to Kotzur, authorized him to transact business on Rawhide's behalf, or controlled his affairs; therefore, the summary judgment evidence did not raise a genuine issue of material fact regarding agency.
2. Because Bowman failed to raise a fact issue on agency, her remaining vicarious-liability, negligence, premises-liability, negligent-entrustment, and negligent-undertaking claims against Rawhide failed.

Questions Presented

1. Whether the summary judgment evidence raised a genuine issue of material fact that Rawhide and Kotzur had a principal-agent relationship.
2. Whether, absent evidence of an agency relationship, Bowman's premises-liability, negligence, negligent-entrustment, negligent-undertaking, and vicarious-liability claims could proceed.

Disposition

affirmed