Longfellow Ranch in Pecos County, Texas. While Amerimex would usually provide mobile bunkhouses for its crews on site, the present contract required them to locate the bunkhouses 30 miles north in Fort Stockton. Consequently, Amerimex paid Burchett \($50\) a day to drive his crew between the bunkhouse and the drill site.
On February 28, 2007, Burchett was driving his crew back to the bunkhouse after their shift ended. Burchett struck another vehicle, resulting in a rollover accident. Burchett and Painter were injured, but unfortunately, the other two crew members were killed. Painter subsequently sued Burchett and Amerimex, arguing that Amerimex was vicariously liable for Burchett’s negligence.
Amerimex filed two motions for summary judgment, the first of which was denied. The second motion contended that Painter’s vicarious liability claim was meritless because Amerimex did not have control over Burchett’s work when the accident occurred. The trial court granted Amerimex’s motion for summary judgment and, upon appeal, the court affirmed the trial court’s decision. Once more, the plaintiff appealed.
1. When may a principal be held vicariously liable for the negligent acts of its agent?
2. What must the plaintiff demonstrate to establish employer liability?