Supreme Court of Texas

In a personal injury action against Goodyear arising from an accident between plaintiff and a Goodyear employee, a court of appeals' reversal of summary judgment against plaintiff is reversed where the court of appeals failed to apply the proper standard of review, and the summary judgment record contained uncontraverted evidence that the Goodyear employee at issue awoke at his father's home close to 3:00 a.m., drove the Goodyear truck to a nearby convenience store for a purchase, and planned to return. Consequently this was a personal errand outside the employee's scope of employment, and evidence he may have been receiving workers' compensation payments did not alter this result.

Appellate Information

• Decided 06/15/2007
• Published 06/15/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Robert C. Scruggs, King, LeBlanc & Bland, P.L.L.C., Houston, for Petitioner.


• For Appellees:
  
• Valorie W. Davenport, Denise Wells Novotny, Davenport Legal Group, Houston, for Respondent.