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Wansey v. Hole

The plaintiff sued a driving school after she alleged she cancelled her daughter's driving lessons due to an instructor's alleged improper behavior. The court of appeals affirmed an award of $225 (the cost of the course) in compensatory damages and $15,000 in exemplary damages. A negligent hiring claim requires that some harmful or negligent conduct of an employee -- one hired pursuant to the defendant's negligent hiring or supervision practices -- proximately caused the alleged injury. The plaintiff did not present legally sufficient evidence of any harm caused by an employee of the driving school. The court of appeals' judgment is reversed and rendered. Texas Supreme Court, No. 11-0348, 06-29-2012.

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In this case, we must decide whether a plaintiff may recover on a claim for negligent hiring and supervision despite suffering no harm at the hands of the employee who was allegedly negligently hired. We hold that a negligent hiring claim requires that some harmful or negligent conduct of an employee-one hired pursuant to the defendant’s negligent hiring or supervision practices-proximately caused the injury complained of. Accordingly, pursuant to Texas Rule of Appellate Procedure 59.1, without hearing oral argument we reverse the court of appeals’ judgment and render judgment for petitioner.

Cheryl and Ronald Hole, both attorneys, enrolled their minor daughter in a driving school owned and operated by Michael B. Wansey. One evening, when Ronald arrived at the business to pick up his daughter, he was unable to find her inside. He proceeded to a door that stood ajar at the back of the building. Opening the door, Ronald found her standing outside, in the dark, backing away from one of her driving instructors. Ronald suspected that they had engaged in inappropriate behavior, but both his daughter and the instructor denied any wrongdoing.

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