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LORAM MAINTENANCE OF WAY, INC. v. IANNI

No. 04-0666.

210 S.W.3d 593 (2006)

LORAM MAINTENANCE OF WAY, INC., Petitioner, v. David IANNI, Respondent.

Supreme Court of Texas.

Decided June 30, 2006.

Rehearing Denied February 2, 2007.

Attorney(s) appearing for the Case

Mike A. Hatchell, Molly H. Hatchell, Christopher Benjamin Dove, Locke Liddell & Sapp, LLP, Austin, Cynthia S. Anderson, Milton Carey Colia, Ken Slavin, Kemp Smith LLP, El Paso, for petitioner.

Gordon Stewart, Gary A. Reaves, Calhoun, Vinson & Reaves, L.L.P., El Paso, for respondent.

Kathleen Cassidy Goodman, Boerne, for amicus curiae.

Justice GREEN delivered the opinion of the Court.

In general, an employer owes no duty to protect the public from the wrongful acts of its off-duty employees that are committed off the work site unless the employer exercises control over the employees' off-duty activities that cause harm. See Otis Eng'g Corp. v. Clark, 668 S.W.2d 307, 309, 311 (Tex.1983). Here, we are asked to decide whether an employer owes a duty to protect...

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