Blair v. Atl. Indus., Inc.
No. 14-1041
Case Summary written by Justin Stevens, Staff Member.
PER CURIAM.
After Eugene Blair, III was injured in an automobile accident, he sued Faustino Murillo and his employer, Atlantic Industrial, Inc. for negligence. It was stipulated that Murillo was the sole cause of the accident, and no negligence or causation questions were submitted to the jury as to him. At issue with Atlantic were respondeat superior, negligent entrustment, and proportionate responsibility. The jury apportioned fault between Atlantic at 60%, and Murillo at 40%, and rendered a joint and several judgment against both defendants. The court of appeals reversed the trial court’s judgment, holding Atlantic was not liable. The court affirmed the judgment in all other respects.
Murillo, however, moved for rehearing because of inconsistencies between the court’s opinion and its judgment. Specifically, the court’s judgment stated that, “We therefore reverse the judgment of the court below and render that the Appellee [Blair] take nothing against Appellants [Atlantic and Murillo]. The judgment in all other respects is affirmed.” On petition for review, the Supreme Court of Texas agreed that the appellate court’s opinion was inconsistent with itself, and without addressing the merits of the case remanded the case back to the court of appeals for it to render a judgment consistent with the appellate court’s own opinion.