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Martinez v. Hays Construction Inc.

Appellants sued Hays Construction Inc. for damages arising from a fatal traffic accident between Luis Martinez and Delfino Bello. Bello hauled dirt from an excavation site that Hays Construction operated. The trial court rendered summary judgment in favor of Hays Construction. The appellant's argument that a fact issue was raised concerning the alleged negligent hiring of a truck broker is rejected, because there is no evidence that the truck broker referred Bello to Hays Construction. Fact issues are presented regarding: whether Hays Construction hired Bello as an independent contractor to haul dirt, whether Hays Construction is a "legal entity that controls, operates, or directs the operation of" the dump trucks used to haul dirt such that it falls within the Transportation Code's definition of "motor carrier," whether Hays Construction qualifies as Delfino's "statutory employer" under 49 CFR 390.5. The trial court's judgment is reversed and remanded. Houston's 1st Court of Appeals, No. 01-09-00593-CV, 05-12-2011.

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OPINION

Appellants, Luci Martinez, individually and as representative of the estate of Luis Martinez, JoseMartinez, and Maria Martinez (collectively, “Martinez”), sued Hays Construction, Inc. (“Hays Construction”), alleging claims for negligent hiring, negligence per se, and vicarious liability under the Texas Motor Carrier Safety Regulations arising out of a fatal traffic accident between Luis Martinez and Delfino Bello. The trial court rendered summary judgment in favor of Hays Construction on all of Martinez’s claims. In four issues on appeal, Martinez contends that the trial court erred in (1) rendering summary judgment on her negligent hiring claim because fact issues exist regarding Hays Construction’s employment of “unqualified and incompetent independent contractors,” namely Delfino Bello and Moises Melendez; (2) applying the Texas Motor Carrier Safety Regulations, which impose statutory vicarious liability on Hays Construction for Delfino’s negligence; (3) rendering summary judgment on Martinez’s other negligence-based and punitive damages claims because Hays Construction did not present these grounds for summary judgment to the trial court; and (4) admitting the affidavit of Philip Hays (“Hays”), president of Hays Construction, as summary judgment evidence.

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