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Wrenn v. G.A.T.X. Logistics12/13/2001
I. Introduction
Appellant Edward Wrenn sought personal injury damages against Appellees, G.A.T.X. Logitistics, Inc., G.A.T.X. Logistics, D.W.C., Inc., and G.A.T.X. Logistics, Norpack, Inc. (collectively "GATX"), for an intentional assault by his supervisor, an employee of GATX. In one broad issue, Wrenn appeals from a summary judgment granted in favor of GATX, contending that the trial court erred in granting summary judgment in favor of GATX. Under that issue, Wrenn argues that he raised material issues of fact regarding GATX's liability (1) under the doctrine of respondeat superior, (2) for negligent hiring and supervision, and (3) for alleged violation of section 411.013 of the labor code governing an employer's duty to provide a safe work environment. We affirm in part and reverse and remand in part.
II. Factual and Procedural Background
In the underlying suit, Wrenn alleged that, on June 11, 1997, while working as a temporary contract employee at GATX's distribution facility in Arlington, Texas, he was assaulted by Ken Rushton, his supervisor and full-time employee of GATX. Specifically, Wrenn alleged that, while he was sweeping the warehouse floor, Rushton became "displeased," "grabbed by the throat, raised him from the ground and banged his head violently into the wall." He further alleged that Rushton's "attack" was the result of "Rushton's longstanding method of discipline which included threats of violence, violent outbursts, cursing, confrontation, and physical violence."
GATX filed a motion for summary judgment asserting that no genuine issue of fact existed on any of Wrenn's causes of action, arguing that (1) GATX was not vicariously responsible for Rushton's intentional assault on Wrenn because Rushton was not authorized to utilize physical force against other employees in furtherance of his job duties and because the assault arose from personal animosity between Wrenn and Rushton; (2) Rushton's assault on Wrenn was not foreseeable to GATX as a matter of law and, therefore, GATX did not owe a duty to Wrenn to protect him from Rushton's assault, nor was GATX's employment of Rushton the proximate cause of Wrenn's alleged injuries; and (3) GATX was not liable to Wrenn under the Texas Labor Code because GATX's duty to provide a safe workplace was limited to the physical condition of the premises and did not encompass the acts of fellow employees. Wrenn filed a response to GATX's motion in which he attached excerpts from his own deposition and an unofficial transcription of what purports to be a portion of the videotaped deposition of Jimmy Tucker, another employee of GATX. GATX filed a reply to this response objecting to Wrenn's summary judgment proof. The court subsequently granted GATX's motion for summary judgment in its entirety.
III. Standard of Review
In a summary judgment case, the issue on appeal is whether the movant met his summary judgment burden by establishing that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); KPMG Peat Marwick v. Harrison County Hous. Fin. Corp., 988 S.W.2d 746, 748 (Tex. 1999); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). The burden of proof is on the movant, and all doubts about the existence of a genuine issue of material fact are resolved against the movant. Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999); Friendswood Dev. Co. v. McDade + Co., 926 S.W.2d 280, 282 (Tex. 1996); Great Am. Reserve Ins. Co. v. San Antonio Plumbing Supply Co., 391 S.W.2d 41, 47 (Tex. 1965). Therefore, we must view the evidence and its reasonable inferences in the light most favo
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