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Magee v. G&H Towing Co.

This case is on remand. The claims in this case arise from an automobile accident involving an employee of G&H Towing Co. The trial court granted summary judgment for G&H. There is no legal duty on an employer to investigate the driving record of an employee who holds a valid driver's license when there is no evidence that the employer has additional information calling into question that employee's driving ability. The trial court's summary judgment is affirmed. Houston's 1st Court of Appeals, No. 01-07-00572-CV, 03-29-2012.

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OPINION ON REMAND FROM THE TEXAS SUPREME COURT

The trial court rendered summary judgment in favor of the appellee- defendant, G&H Towing Company. On appeal, we reversed the summary judgment and remanded to the trial court because one of the appellants-plaintiffs’ claims was not addressed in G&H’s summary-judgment motion. 312 S.W.3d 807. The supreme court reversed our judgment, holding that G&H’s failure to address one of the plaintiffs’ claims was harmless because that claim was derivative of another claim, against a different party, on which we affirmed summary judgment. 347 S.W.3d 293, 295. The supreme court then remanded to this Court for consideration of the plaintiffs’ other arguments not reached in our earlier opinion. We affirm the trial court’s summary judgment in G&H’s favor.

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