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NABORS DRILLING, U.S.A., INC. v. ESCOTO

No. 06-0890.

288 S.W.3d 401 (2009)

NABORS DRILLING, U.S.A., INC., Petitioner, v. Francisca ESCOTO, et al., Respondents.

Supreme Court of Texas.

Decided June 19, 2009.

Attorney(s) appearing for the Case

Reagan W. Simpson, King & Spalding LLP, Austin, TX, Amy Eikel, Anne Taylor Hill, King & Spalding LLP, James M. Tompkins, Galloway Johnson Tompkins Burr & Smith, Houston TX, Sharon E. Callaway, Michael J. Murray, Crofts & Callaway, P.C., San Antonio, TX, for Petitioner.

Alex M. Miller, Watts Law Firm, L.L.P., San Antonio, TX, Ray R. Marchan, Law Office of Ray Marchan, Brownsville TX, for Respondents.

Stacy R. Obenhaus, Gardere Wynne Sewell LLP, Dallas, TX, Kathleen Cassidy Goodman, Law Office of Kathleen C. Goodman, PLLC, Boerne, TX, for Amicus Curiae Pacific Legal foundation.

Justice GREEN delivered the opinion of the Court.

Employers in Texas generally do not owe a duty to third parties for the tortious activities of off-duty employees occurring off the work site. Loram Maint. of Way, Inc. v. Ianni, 210 S.W.3d 593, 594 (Tex.2006). We have recognized a limited exception to this rule when an employer exercises control over the injury-causing conduct of its employee, imposing a duty, for example...

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