Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Harris v. Houston Livestock Show & Rodeo Inc.

Appellants brought suit under the Dram Shop Act against Corral Club Inc. and Houston Livestock Show & Rodeo Inc. Appellants contend that summary judgment is improper because Corral Club was the "provider," as defined by the Dram Shop Act, and that HLS&R is vicariously liable based on a joint enterprise theory. The Corral Club failed to show conclusively that it, acting through its agents, was not the "provider" of the beer. HLS&R conclusively established that there was no joint enterprise between it and Corral Club. The trial court's judgment is affirmed as to HLS&R and reversed as to Corral Club, and the cause is remanded. Houston's 1st Court of Appeals, No. 01-09-00590-CV, 03-10-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

The case underlying this appeal concerns an off-duty police officer who drank free beer at a private, after-hours party and then caused serious injuries to two people when he rear-ended a stalled SUV. The injured parties, appellants, Calvin and Madelyn Harris and Kalvin Guyton, brought suit under the Dram Shop Act*fn1 against Corral Club, Inc. (“Corral Club”) and Houston Livestock Show & Rodeo, Inc. (“HLS&R”). The Harrises and Guyton separately appeal summary judgment granted in favor Corral Club and HLS&R. In their first two issues, appellants each contend that summary judgment is improper because Corral Club was the “provider,” as defined by the Dram Shop Act, of the beer and that HLS&R is vicariously liable based on a joint enterprise theory.*fn2 We conclude that the Corral Club failed to show conclusively that it, acting through its agents, was not the “provider” of the beer. We reverse that portion of the summary judgment and remand for further proceedings. We also determine that HLS&R conclusively established that there was no joint enterprise between it and Corral Club. We affirm the summary judgment rendered in favor of HLS&R.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

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
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
Managing Director, Fresno

About KIND Kids in Need of Defense (KIND) is a global leader in the protection of unaccompanied and separated children who are forcibly ...


Apply Now ›
Litigation Associate Attorney

- Small and stable West Los Angeles insurance defense firm seeks an associate attorney with 1-6 years relevant experience to join its civil ...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Go to Professional Announcements