Otis Engineering Corp. v. Clark
668 S.W.2d 307 · Texas Supreme Court · 1983
Facts
Otis employee Matheson, known by his supervisor to be severely intoxicated, was sent home from work. Thirty minutes later, Matheson caused a fatal car accident, killing the Clarks' wives. The trial court granted summary judgment for Otis, finding no duty.
Issue
Does an employer owe a duty to third parties when it sends home an incapacitated employee, known to be intoxicated, who then causes an accident? Did the evidence raise genuine issues of material fact regarding this duty?
Holding
Yes, the court affirmed the court of appeals, reversing summary judgment for Otis and remanding for trial. An employer can owe such a duty, and genuine issues of material fact exist regarding Otis's negligence.
Rule
When an employer exercises control over an incapacitated employee, it has a duty to take such action as a reasonably prudent employer would to prevent the employee from causing an unreasonable risk of harm to others. This duty requires reasonable care, not absolute safety.
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