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Reed v. Star Chevrolet-Buick3/7/2000
Aubrey Reed, individually and as next friend of Cody Reed and Ashley Reed, Minors, and Elena Jackson (collectively "Reed") appeal a summary judgment in favor of Star Chevrolet-Buick, Inc. (Star). Reed sued Star for negligence after the death of Aubrey's wife, Deborah Jackson. In one point of error, Reed contends the trial judge erred in granting Star summary judgment on the ground that it did not owe Jackson a legal duty, either as an employer or social host, to prevent her from consuming alcohol on the premises and then operating a vehicle. We affirm the trial court's judgment.
Background
Jackson worked as a title clerk at Star. On December 31, 1996, sales manager Edward Harris worked his last day at the dealership. After finishing work at 5:30 p.m., Harris left the dealership and went next door to a liquor store where he purchased one half-gallon bottle of Crown Royal and some soft drinks. When Harris returned to the dealership, he placed the bottle on a table in the break room and invited several employees to have a "farewell" drink with him. Jackson approached Harris and asked if she could have a drink. Harris told her she could. Later, when Jackson drove home, she was involved in a single-car accident and subsequently died from her injuries.
Reed filed a wrongful death suit against Star. In the petition, Reed alleged Star was negligent by (i) providing alcohol to Jackson, (ii) allowing Jackson to become intoxicated, and (iii) allowing Jackson to operate a motor vehicle while intoxicated. Reed further alleged each of these acts or omission were a proximate cause of Jackson's injuries and damages. Star filed a motion for summary judgment on the grounds that Star (i) was a social host and therefore had no civil liability for serving alcohol to Jackson and (ii) did not exercise the type of control over Jackson as her employer which would create a duty to prevent Jackson from harming herself. After considering Star's motion, Reed's response, and the summary judgment evidence, the trial judge granted summary judgment in favor of Star. This appeal ensued.
Summary Judgment Standard
The standard for reviewing summary judgment is well established. See Nixon v. Mr. Property Management Co. , 690 S.W.2d 546, 548-49 (Tex. 1985). A defendant may prevail on summary judgment by negating at least one element of the plaintiff's theory of recovery. Walker v. Harris, 924 S.W.2d 375, 377 (Tex. 1996). Once the defendant establishes its right to summary judgment as a matter of law, the burden shifts to the plaintiff to present evidence raising a genuine issue of material fact, thereby precluding summary judgment. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979); Muckelroy v. Richardson Indep. Sch. Dist., 884 S.W.2d 825, 828 (Tex. App._Dallas 1994, writ denied) . We only consider the record as it existed prior to the grant of summary judgment. Rodriguez v. Spencer, 902 S.W.2d 37, 45 (Tex. App._Houston [1st Dist.] 1995, no writ). We review summary judgments de novo to determine whether a party established its right to prevail as a matter of law. Foreness v. Hexamer, 971 S.W.2d 525, 527 (Tex. App._Dallas 1997, pet. denied).
Summary Judgment Evidence
In a single point of error, Reed contends the trial judge erred in granting Star summary judgment on Reed's negligence claims. Under this point, Reed argues that the deposition testimony of Jackson's boss, Pam Tallant, raised fact issues precluding summary judgment. Reed claims Tallant's testimony raised genuine facts issues regarding whether Star had a duty as a social host or Jackson's employer to (i) prevent Jackson from consuming alcohol or control the amount of
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