ARVIZU v. ESTATE OF PUCKETT

No. 11-0023.

364 S.W.3d 273 (2012)

Juana Lorena ARVIZU, Individually and a/n/f Jonathan Rene Arvizu, Montgomery County Auto Auction and Edward Cantu, Petitioners, v. The ESTATE OF GEORGE PUCKETT d/b/a Puckett Auto Sales, Respondent.

Supreme Court of Texas.

Rehearing Denied May 18, 2012.


Attorney(s) appearing for the Case

Toni M. Triplett , Triplett Law Firm, Houston, for Juana Lorena Arvizu.

Levon G. Hovnatanian , Martin Disiere Jefferson & Wisdom LLP, Phillip Werner , Michele Anne Le , Scott Eugene Raynes , Werner & Ayers, L.L.P., Houston, for The Estate of George Puckett d/b/a Puckett Auto Sales.

Thomas E. Quirk , Aaron & Quirk, Marie Alice Haspil , ACCG General Agency, San Antonio, for Allstate Insurance Company.

John Michael "Jack" McKineley , Robert L. Ramey , John F. Elwood , Ramey Chandler McKinley & Zito, P.C., Houston, for Montgomery County Auto Auction.


PER CURIAM.

Juana Lorena Arvizu and her son were injured when her car was struck by a pickup truck driven by Edward Cantu. Montgomery County Auto Auction employed Cantu. Puckett Auto Sales owned the truck. Cantu's negligence was stipulated. A jury found that, although MCAA was his employer, Cantu drove the vehicle for Puckett's benefit. The jury found that MCAA, as Cantu's employer, had the right to direct the details of his work. It also found that Cantu was subject...

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