Martinez v. Hays Construction Inc.

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.