Otis Engineering Corp. v. Clark
668 S.W.2d 307 · Texas Supreme Court · 1983
Facts
Larry and Clifford Clark sued Otis Engineering after their wives were killed in an accident caused by an intoxicated Otis employee, Robert Matheson. Matheson was visibly intoxicated at work, and his supervisor, knowing his condition and fearing an accident, escorted him to his car and allowed him to drive home, where he caused the fatal crash shortly after leaving the plant. Otis had a nurses' station available for ill employees.
Issue
Does an employer owe a duty to third parties when it exercises control over an employee who is incapacitated due to intoxication, and then sends that employee home, knowing they pose a foreseeable risk of harm to others?
Holding
Yes, the court affirmed the court of appeals, reversing the summary judgment and remanding the case for trial. The court held that genuine issues of material fact exist regarding whether Otis breached a duty owed to the Clarks' wives.
Rule
When an employer exercises control over an employee due to the employee's incapacity, the employer has a duty to take such action as a reasonably prudent employer would to prevent the employee from causing an unreasonable risk of harm to others. This duty requires reasonable care, not absolute safety.
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