Thank you for sharing!

Your article was successfully shared with the contacts you provided.
On Petition for Review from the Court of Appeals for the Tenth District of Texas

Coy Mathis’s car collided with Tom McNamara’s motorcycle, causing McNamara fatal injuries. Here, the issue is whether, when the accident occurred, Mathis worked as Limestone Products Distribution, Inc.’s independent contractor, or, if Mathis was Limestone’s employee, whether he was acting in the course and scope of his employment. McNamara’s survivors sued Mathis and Limestone alleging that Mathis’s negligence caused McNamara’s death. Limestone moved for summary judgment, asserting that it is not liable for Mathis’s negligence because he was an independent contractor when the accident occurred. Alternatively, Limestone argued that, if Mathis was an employee at the time the accident occurred, he was not acting in the course and scope of his employment. Without specifying the grounds, the trial court granted Limestone’s motion. On rehearing, a divided court of appeals reversed the summary judgment and remanded the case to the trial court. __ S.W.3d __. It determined that a fact issue existed on: (1) whether Mathis was an independent contractor or Limestone’s employee; and (2) if Mathis was a Limestone employee, whether Mathis was on a special mission and thus acting in the course and scope of his employment when the accident occurred. __ S.W.3d at __.

The court of appeals correctly stated the law that applies in this case. However, the court of appeals improperly applied that law to the summary-judgment evidence and incorrectly resolved the independent contractor issue. Thus, we reverse the court of appeals’ judgment and render judgment that McNamara’s survivors take nothing from Limestone.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2021

July 29, 2021

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


African Legal Awards 2021

September 03, 2021

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Employment Attorney

Mineola, New York, United States

Growing Nassau County firm seeks experienced Employment litigator with 2-6 years experience who wants to collaborate with others at establis...

Apply Now ›

Associate General Counsel, Healthcare Finance

Tampa, Florida, United States

One of the world's leading nonprofit healthcare research institutes is seeking a senior counsel to manage a variety of sophisticated financi...

Apply Now ›

Products Liability Associate

Philadelphia, Pennsylvania, United States

Duane Morris LLP has an opening in for a litigation associate to join its team. The ideal candidate will have at least 3-7 years of products...

Apply Now ›



VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.

View Announcement ›



HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.

View Announcement ›



SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!

View Announcement ›