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Torts Keyed to Duncan
Bell v. VPSI, Inc.
Citation:
205 S.W.3d 706 (Tex. App. 2006)Facts
Fort Worth Transportation Authority (defendant) leased vans from VPSI, Inc. (defendant) as part of its vanpool program, in an effort to provide a cost-effective and environmentally efficient alternative for commuters. Homer Bell (defendant) entered into an agreement with the defendants to be a driver in the vanpool program for daily commutes to his corporate employer, Lockheed. Per the driving agreement, Homer was to maintain the van, not drive outside a 200-mile radius of his home with the van, and was considered an independent contractor. On a rainy Saturday, Homer drove the van while completing several errands with his wife, Linda Bell (plaintiff). On their way home, the van hydroplaned on a wet roadway and crashed the van into a tree. The plaintiff sued the defendants for her injuries from the accident, alleging VPSI and the Transportation Authority were vicariously liable for Homer’s negligence under the doctrine of respondeat superior. VPSI and the Transportation Authority moved for summary judgment.
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