2:24-cv-00111•Navarrette v. Contract Freighters, Inc., et al
Gesamter Gesetzestext
1 / 17 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MARIE ANNETTE NAVARRETE, Plaintiff, VS. § § § § § § § § § CIVIL ACTION NO. 2:24-CV-00111 TA DEDICATED, INC., et al., Defendants. MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This case has been referred to United States Magistrate Judge Mitchel Neurock for case management and recommendations on dispositive matters, see 28 U.S.C. § 636, but with Judge Neurock’s consent and in accordance with Special Order C-2023-1,1 United States Magistrate Judge Jason B. Libby enters the following memorandum and recommendation. This case arises from a trucking accident in Live Oak County, Texas. (Doc. No. 56, p. 2). There are three defendants: (1) the driver of the truck, Jafarrh Jaquavious Beverly (“Mr. Beverly”); (2) Mr. Beverly’s employer and owner of the truck that he was operating, Contract Freighters, Inc., (“CFI”); and (3) the owner of the trailer that Mr. Beverly was towing, TA Dedicated, Inc., (“TA Dedicated”). Plaintiff Marie Annette Navarrette filed this lawsuit against 1 Special Order C-2023-1 is a standing order concerning civil matters referred to magistrate judges in this division. The order allows magistrate judges to assist each other on any referred matter by agreement, including entering orders, notices, recommendations, and presiding over judicial proceedings. United States District Court Southern District of Texas ENTERED December 29, 2025 Nathan Ochsner, Clerk Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 1 of 17
2 / 17 these defendants in state court, and the suit was removed to federal court in May 2024. (Doc. No. 1). A. Proceedings and background. Before the district court is CFI’s partial motion for summary judgment on Plaintiff’s “direct” negligence claims against it. (Doc. No. 37). Plaintiff responded to this motion (Doc. No. 53), and CFI replied (Doc. No. 59). A separate motion for summary judgment by TA Dedicated is pending in this case, see Doc. No. 40, but this memorandum and recommendation only pertains to CFI’s motion. (Doc. No. 37).2 B. Plaintiff’s allegations, legal claims, and requested relief. 1. Plaintiff’s allegations. Plaintiff claims that Mr. Beverly, while employed and driving a vehicle owned and operated by CFI, struck her vehicle while traveling on Highway 59 in Live Oak County, Texas. (Doc. No. 56, p. 2.)3 Plaintiff alleges that Mr. Beverly did not “keep a proper lookout and disregarded the stop and go signal” resulting in the incident in question. Id. 2. Plaintiff’s claims. Plaintiff’s Second Amended Complaint raises the following causes of action: (1) a negligence claims against Mr. Beverly; (2) a negligent entrustment claim against CFI and TA Dedicated; (3) negligent hiring, training, or retention claims against CFI and TA 2 CFI’s reply, Doc. No. 59, implies that this motion for summary judgment applies for both CFI and TA Dedicated. That appears to be a mistake, as CFI and TA Dedicated are separate entities, and TA Dedicated has not stipulated to vicarious liability on Mr. Beverly’s behalf. Accordingly, this motion is construed as applying only to the direct claims against Contract Freighters. 3 Plaintiff’s second amended complaint, Doc. No. 56, is the operative complaint in this case. Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 2 of 17
3 / 17 Dedicated; (4) respondeat superior claims against CFI and TA Dedicated; (5) a gross negligence claim against Mr. Beverly; and (6) a claim or theory of liability of strict liability against CFI and TA Dedicated. (Doc. No 56, pp. 3-7). The instant motion for summary judgment only concerns Plaintiff’s claims in groups 2 and 3 against CFI. The claims in groups 2 and 3 are claims in which Plaintiff alleges CFI is liable to Plaintiff for CFI’s own negligence, or stated otherwise, CFI’s direct negligence. For these direct negligence claims, Plaintiff alleges CFI is directly liable or responsible to Plaintiff for negligently entrusting its vehicle to Mr. Beverly. Plaintiff further alleges CFI is directly liable or responsible to Plaintiff for negligently hiring, training or retaining Mr. Beverly. These theories of liability seek to hold CFI responsible for its own negligence, as opposed to being held responsible for the negligence, if any, of Mr. Beverly. Plaintiff’s claims against CFI based on theories of respondeat superior and strict liability could be considered “indirect” because they are claims seeking to hold CFI responsible for the negligence of its employee, Mr. Beverly. CFI’s instant motion for summary judgment only addresses Plaintiff’s direct negligence claims against CFI. (Doc. No. 37; Doc. No. 56, pp. 3-6.) Regarding the direct negligence clams, Plaintiff alleges CFI negligently entrusted its vehicle to Mr. Beverly, who was an “incompetent and/or reckless driver.” (Doc. No. 56, p. 3.) Plaintiff claims that this entrustment amounted to negligence by CFI, and this negligence proximately caused Plaintiff’s damages. Id. Plaintiff also alleges that CFI had a duty to hire, supervise, train, or retain competent employees in a manner that avoids Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 3 of 17
4 / 17 harm to others. Id. at 4. Specifically, Plaintiff claims CFI was negligent in its hiring, training, and retaining of Jafarrh Jaquavious Beverly. Id. 3. Requested relief. Plaintiff requests money damages for her bodily and property injuries. (Doc. No. 56, p. 6.) Plaintiff includes among her injuries her medical expenses, physical impairment, physical pain and suffering, and mental anguish. Id. Plaintiff alleges that her injuries amount over $1,000,000.00 in damages. Id. at 7. C. The motion, response, and reply. 1. CFI’s motion for summary judgment. CFI moves for summary judgment against Plaintiff’s direct negligence claims. (Doc. No. 37.) CFI argues that summary judgment is proper because (1) Plaintiff’s direct causes of action do not exist, and (2) even if such causes of action do exist, respondeat superior precludes them, and (3) if respondeat superior does not preclude the direct claims, Plaintiff has not established duty owed to Plaintiff. Id. at 2. First, in asserting that the direct causes of action do not exist, CFI argues Texas law has never recognized a cause of action for negligent hiring, training, or retention. Id. at 2 (citing JBS Carriers, Inc. v. Washington, 564 S.W.3d 830, 842 (Tex. 2018); Waffle House, Inc. v. Williams, 313 S.W.3d 796, 804 n.27 (Tex. 2010); Alpizar v. John Christner Trucking, LLC, 2019 WL 1643743, at *7 (W.D. Tex. April 26, 2019)). Second, CFI argues Plaintiff’s direct causes of action are precluded because CFI has stipulated to a respondeat superior theory of liability, making the direct causes of action duplicative. (Doc. No. 37, p. 4.) (“Accordingly, if respondeat superior is already Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 4 of 17
5 / 17 established or not in dispute, the employer’s flow-through responsibility for the employer is already fixed. Thus, negligent training (or any of the other ‘direct’ claims) provides no function in the case and is immaterial.”). CFI argues that such is the case here, admitting that Mr. Beverly was in his “course and scope” of employment when the accident with Plaintiff occurred. Id. at 2, 5. (“Thus, where, as here, vicarious liability under respondeat superior is not contested . . . .”). And because CFI concedes vicarious liability, it argues Plaintiff “may not pursue [her] ‘direct’ liability claims for negligent hiring, managing, retention, and supervision, as they are ‘mutually exclusive’ modes of recovery under Texas law.” Id. at 5 (citing Ochoa v. Mercer Transportation Co., No. 5:17-CV-1005, 2018 WL 7505640, at *2 (W.D. Tex. Dec. 10, 2018); Fuller v. Werner Enters., Inc., No. 3:16-CV-2958, 2018 WL 3548886, at *2 (N.D. Tex. July 24, 2018); Sanchez v. Transportes Internacionales Tamaulipecos S.A de C.V., No. 7:16-CV-354, 2017 WL 3671089, at *2 (S.D. Tex. July 20, 2017) (Crane, J.)). Finally, CFI argues that Plaintiff’s direct claims fail as a matter of law for several reasons. (Doc. No. 37, pp. 6-16.) Among those reasons is that Plaintiff has not pointed to anything in Mr. Beverly’s driving record that would have disqualified him from being employed by CFI, as required to show negligent hiring. Id. at 9. CFI further argues there is no factual predicate to establish negligent entrustment because “Mr. Beverly had not been involved in anything either before or during his employment at [Contract Freighters] that would have raised a sufficiently “red” flag such that he should have not been entrusted with the [Contract Freighters] truck.” Id. at 11. CFI concludes its “matter of Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 5 of 17
6 / 17 law” argument by asserting that Plaintiff’s negligent training claim fails, too, because “there is absolutely no duty to train an experienced driver on how to properly operate his vehicle with regard to normal rules of the road.” And because “[t]he need to stop at a stop sign is clearly a decision that all drivers make on a daily basis,” there was no duty to train him on this aspect. Id. (citing National Convenience Stores, Inc. v. Matherne, 987 S.W.2d 145, 149 (Tex. App. – Houston 1999); Garay v. G.R. Birdwell Const., L.P., 2014 WL 6680347, at *13 (Tex. App. – Houston 2014)). 2. Plaintiff’s response. Plaintiff argues that Texas law does not preclude direct negligence claims if the employer stipulates to vicarious liability. (Doc. No. 53, p. 7). Specifically, Plaintiff argues that Texas does not recognize an “admission rule” in this situation which would render its direct negligence claims “redundant.” Id. at 13. Plaintiff asserts that this rule does not apply to these direct negligence claims because it logically would conflict with Texas’ proportionate responsibility statute. Id. at 14. To support this proposition, Plaintiff cites Bedford v. Moore, 166 S.W.3d 454 (Tex. App.—Fort Worth 2005, no pet.), a case concerning dram shop liability. (Doc. No. 53, p. 14). She includes a quote from Bedford which likens dram shop liability to vicarious liability under negligent entrustment claims: “The reasoning of the majority of the supreme court parallels the negligent hiring/entrustment theory of recovery. Under both theories, neither are pure vicarious liability situations because liability stems from distinct wrongful conduct.” Id. Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 6 of 17
7 / 17 (citing Bedford, 166 S.W.3d at 462).4 She also cites F.F.P. Operating Partners, L.P. v. Duenez, 237 S.W.3d 680, 682 (Tex. 2007), for the same proposition that the logic of dram shop liability maps on to negligent hiring, entrustment, and retention. (Doc. No. 53, p. 15-16). Plaintiff further argues that her direct negligence claims do exist, citing Walgreens v. McKenzie, 713 S.W.3d 394, 399 (Tex. 2025). (Doc. No. 53, p. 8.) (“‘Although we have not ruled definitively on the existence, elements, or scope of [a negligent hiring, training, and supervision] claim, we have recognized that any such claim would require proof of the employer's negligence in hiring, training, and supervising the employee as well as the employee's subsequent negligent act or omission, both of which must proximately cause the injury.’”). 3. CFI’s reply. CFI argues that Plaintiff’s argument misses the point or the “question here,” which is “what happens when the employer agrees that the employee is in the course and scope of employment and the effect on how the claims are handled.” (Doc. No. 59, p. 3). CFI reiterates its position that “once an employer admits that an employee was acting in the course and scope of employment, the so called ‘direct’ claims” against it become “redundant.” Id. CFI attacks Plaintiff’s argument regarding Texas’ proportionate responsibility provisions, asserting that “this District has long and repeatedly rejected the very argument that plaintiff makes under Chapter 33 here.” Id. at 4 (citing Williams v. 4 Plaintiff did not supply this full quote in her brief, but for completeness, the entire passage is included here. Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 7 of 17
8 / 17 McCollister, 671 F. Supp. 2d 884, 892 (S.D. Tex. 2009) (Alvarez, J.); Baker v. Rhodes, 2025 WL 19110, at *2 (S.D. Tex. 2025) (Hanen, J.). CFI also argues that Plaintiff’s reliance on Bedford v. Moore is “misplaced,” citing Conkle v. Chery, 2009 WL 483226, at *4 (Tex. App. — Austin 2009, no pet.), to support that Bedford incorrectly relied on a withdrawn Texas Supreme Court decision “rather than the Court’s later substituted opinion.” (Doc. No. 57, p. 4). Further, CFI points to two decisions in federal court—one involving Contract Freighters in another suit—that also suggest Bedford was wrongly decided. Id. D. Legal standards. 1. Summary judgment standard. “The purpose of summary judgment is to isolate and dispose of factually unsupported claims or defenses to help ‘secure the just, speedy and inexpensive determination of every action.’” Ellis v. Klawonn, No. 4:21-CV-00977, 2023 WL 3993043, at *2 (E.D. Tex. June 8, 2023) (quoting Nat’l Cas. Co. v. Kiva Const. & Eng’g, Inc., 496 F. App’x 446, 449 (5th Cir. 2012)). Summary judgment is proper if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). A genuine issue exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The Court must examine “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one- sided that one party must prevail as a matter of law.” Id. at 251-52. Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 8 of 17
9 / 17 2. Erie Doctrine and Erie Guesses. “Except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state.” Erie R. Co. v. Tompkins, 304 U.S. 64, 78 (1938). Under the Erie doctrine, federal courts sitting in diversity apply state substantive law and federal procedural law. To determine state substantive law, “federal courts look to the law of that state's highest court.” City of Alexandria v. Brown, 740 F.3d 339, 351 (5th Cir. 2014). In the absence of a final decision by that court, federal courts “must make an Erie guess and determine” how the state high court would decide the issue “if presented with the same case.” In re Katrina Canal Breaches Litigation, 495 F.3d 191, 206 (5th Cir. 2007); accord QBE Syndicate 1036 v. Compass Mins. Louisiana, Inc., 95 F.4th 984, 992 (5th Cir. 2024). In making an Erie guess, federal courts “defer to intermediate state appellate court decisions, unless convinced by other persuasive data that the highest court of the state would decide otherwise . . . .” Chaney v. Dreyfus Serv. Corp., 595 F.3d 219 (5th Cir. 2010) (quoting Travelers Cas. & Sur. Co. of Am. v. Ernst & Young LLP, 542 F.3d 475, 483 (5th Cir. 2008)). E. Analysis. 1. Plaintiff’s direct negligence claims against CFI are precluded because CFI has stipulated to vicarious liability on behalf of its employee, Mr. Beverly. CFI argues that by stipulating to vicarious liability on behalf of Mr. Beverly, the direct negligence claims against it—negligent entrustment, hiring, retention, and Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 9 of 17
10 / 17 training—are all precluded. This is the “admission rule,” and both parties have referred to it as such. (Doc. No. 37, p. 1; Doc. No. 53, p. 13; Doc. No. 59, p. 3). Neither party contests that Texas substantive law governs this dispute, and Texas’ choice of law analysis leads to that conclusion as well. Hooper v. Marriott Int'l, Inc., 979 F. Supp. 2d 735, 738 (N.D. Tex. 2013) (citing Restatement (Second) of Conflict of Laws § 156(2)) (“[t]he applicable law will usually be the local law of the state where the injury occurred.”). Because Plaintiff’s claims are governed by state substantive law under Erie, it is necessary to apply Texas law to assess the merits of CFI’s arguments. a. The Supreme Court of Texas has not adopted or rejected the admission rule. The Supreme Court of Texas confirmed in Werner Enters., Inc. v. Blake, 719 S.W.3d 525 (Tex. 2025), reh’g denied (Sept. 26, 2025), that the “admission rule,” while not rejected, has not been formally adopted either: “The defendants and some amici ask us to adopt the “Admission Rule,” under which defendants who admit that an employee was acting in the course and scope of employment need not also defend against other derivative theories of negligence. Because our holding regarding proximate cause disposes of all claims against Werner even in the absence of the Admission Rule, we need not consider the matter further.” Id. at 541 n.7. Two concurring justices commented that they would vote to adopt the admission rule in a more appropriate case in the future. Id. at 543 (Young, Huddle, JJ., concurring) (“I am inclined to vote to adopt the admission rule . . . that the admission rule barred the derivative-negligence claims proffered in this case as wholly derivative of the driver's Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 10 of 17
11 / 17 alleged negligence—that is, [the employer’s] admission of respondeat superior liability already encompassed the entire injury.”). Justice Young also observed in his concurrence that at least six courts of appeals have recognized the doctrine, id. at 542 n.*, suggesting that the appellate courts have “generally taken it as a given” that respondeat superior and negligent entrustment claims “are mutually exclusive theories of recovery.”5 Id. at 542. He remarked further that he was “aware of no other Texas court to have rejected the admission rule.” Id. at 541. b. Applying the Erie guess, the admission rule applies here. Because there is no clear authority from the state high court, the district court is required to make an Erie guess about how that court would resolve the dispute in this case. Federal courts consider seven factors in making an Erie guess: “(1) decisions of the state supreme court in analogous cases, (2) the rationales and analyses underlying state supreme court decisions on related issues, (3) dicta by the state supreme court, (4) lower state court decisions, (5) the general rule on the question, (6) the rulings of courts of other states to which state courts look when formulating substantive law and (7) other available sources, such as treatises and legal commentaries.” Weatherly v. Pershing, L.L.C., 945 F.3d 915, 920 (5th Cir. 2019) (citing In re DePuy Orthopaedics, Inc., 888 F.3d 753, 765 n.5 (5th Cir. 2018)). 5 Justice Young cited the following six decisions in which the admission rule was adopted: Atl. Indus., Inc. v. Blair, 457 S.W.3d 511, 517 (Tex. App.—El Paso 2014), rev’d on other grounds, 482 S.W.3d 57 (Tex. 2016); Rosell v. Cent. W. Motor Stages, Inc., 89 S.W.3d 643, 654 (Tex. App.—Dallas 2002, pet. denied); Arrington's Est. v. Fields, 578 S.W.2d 173, 178-79 (Tex. Civ. App.—Tyler 1979, writ ref'd n.r.e.); Frasier v. Pierce, 398 S.W.2d 955, 957-58 (Tex. Civ. App.—Amarillo 1965, writ ref’d n.r.e.); Luvual v. Henke & Pillot, 366 S.W.2d 831, 838 (Tex. Civ. App.—Houston 1963, writ ref’d n.r.e.); Patterson v. E. Tex. Motor Freight Lines, 349 S.W.2d 634, 636 (Tex. Civ. App.—Beaumont 1961, writ ref’d n.r.e.) Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 11 of 17
12 / 17 Because there is no determinative state supreme court analogue, it is proper to consider other sources of authority to ascertain state substantive law. First, it is pertinent that, while expressed using different terms, the Supreme Court of Texas recognizes that respondeat superior and vicarious liability stand for the same theory. Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125, 130 (Tex. 2018) (cleaned up) (“[u]nder the common-law doctrine of respondeat superior, or vicarious liability, ‘liability for one person's fault may be imputed to another who is himself entirely without fault solely because of the relationship between them.’”). Many of the Texas intermediate courts use the terms interchangeably, but the Supreme Court of Texas established that they have the same meaning. Because there are no relevant state supreme court analogues, relevant analyses, or instances of dicta, the next step is to consider lower state court opinions. In those lower court opinions, Texas’ intermediate courts have routinely held that direct negligence and respondeat superior claims are “mutually exclusive.” Rosell, 89 S.W.3d 643 at 654 (citing Arrington’s Est., 578 S.W.2d at 178). The courts have reached that conclusion because “negligent entrustment and respondeat superior are both means to the same end—making an employer liable for the negligence of an employee.” Ferrell Gas, Inc. v. Reese, No. 12-22-00025-CV, 2022 WL 17843996, at *4 (Tex. App. Dec. 21, 2022). The logic underlying those decisions is that “[o]nce the applicability of the respondeat superior doctrine is established, the competence or incompetence of the [employee] and the care which was exercised in his employment are immaterial issues.” Arrington’s Est., Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 12 of 17
13 / 17 578 S.W.2d at 178; accord Rosell, 89 S.W.3d at 654. This understanding tracks the Supreme Court of Texas’ holdings that the “deliberate allocation of risk” by the employer typically results in them “bear[ing] the loss” through their employee. Painter, 561 S.W.3d at 130 (cleaned up) District courts in the Southern District of Texas have uniformly applied the admission rule, and the rationale underlying the rule, to vicarious liability, negligent entrustment, training, hiring, and retention claims. Adam v. Pope, No. 6:24-cv-4761, 2025 WL 963077, at *1 (S.D. Tex. Mar. 28, 2025) (Rosenthal, J.) (finding that plaintiff could not “simultaneously maintain claims for negligent entrustment and vicarious liability”); Gonzalez v. Jouett, No. 4:20-CV-02907, 2021 WL 4925380, at *3-4 (S.D. Tex. Oct. 21, 2021) (Hoyt, J.) (finding that stipulation to vicarious liability precludes direct negligence claims); Mire v. Bryan Truck Line, Inc., No. 1:20-CV-110, 2021 WL 5855317, at *3 (S.D. Tex. Oct. 29, 2021) (Torteya, M.J.), adopted, No. 1:20-CV-000110, 2021 WL 5851018 (S.D. Tex. Dec. 9, 2021) (same); Arif v. XPO Logistics, Express, LLC, No. CV 24-4522, 2025 WL 307211 (S.D. Tex. Jan. 13, 2025) (Rosenthal, J.) (same); Sanchez, 2017 WL 3671089, at *2-3 (same). Here, CFI has stipulated to vicarious liability, so Plaintiff’s direct negligence claims are precluded. (Doc. No. 59, p. 3 n.1) (“Without suggesting that some sort of formal stipulation is actually necessary, to the extent necessary to do so, Defendant stipulates that the driver was in the course and scope of employment”); (Doc. No. 37, p. 6) (“Mr. Beverly was in the course and scope of employment at the time of the Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 13 of 17
14 / 17 accident.”). Additionally, Plaintiff has conceded that CFI is Mr. Beverly’s employer and does not appear to contest that in her response to CFI’s motion, so there is no factual dispute of employment. (Doc. No. 53, p. 9) (“CFI owed plaintiff a tort duty as [Mr.] Beverly’s employer.”). Accordingly, the district court should adopt the rationale of the state and federal courts that have confronted this issue, and it should dismiss Plaintiff’s direct negligence claims against CFI. c. Plaintiff’s counterarguments regarding Texas’ proportionate responsibility statute, Bedford, and dram shop liability all fail. Plaintiff argues that under Texas’ proportionate responsibility statute, her negligent entrustment claims are distinct from the vicarious liability to which CFI stipulates. (Doc. No. 53, p. 13) (citing Tex. Civ. Prac. & Rem. Code Ann. § 33.003). To support her argument, she cites Bedford v. Moore: “neither negligent hiring [n]or negligent entrustment ‘are pure vicarious liability situations because liability stems from distinct wrongful conduct.’” (Doc. No. 53, p. 15) (quoting Bedford, 166 S.W.3d at 459- 460). Relying on Bedford, she argues that, as was the case there, submitting negligent hiring and negligent entrustment to the jury in addition to simple negligence is proper. Id. (citing Bedford, 166 S.W.3d at 462). CFI counters, however, that this reliance is misplaced because Bedford’s holding was based on a withdrawn Supreme Court of Texas opinion. (Doc. No. 57, p. 4.) CFI’s argument is persuasive, and it undermines Bedford’s holding and reliability. Several courts have likewise recognized this error in Bedford’s reasoning. See Cristo v. C.R. Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 14 of 17
15 / 17 England, Inc., No. 5:18-CV-1344, 2021 WL 801340, at *5 (W.D. Tex. Jan. 7, 2021) (“the Bedford court relied on the original, withdrawn opinion of the Texas Supreme Court in Duenez . . . .”); Conkle, 2009 WL 483226, at *4 (noting that Bedford relied “on [an] original version of Duenez, which was later withdrawn and substituted” for an opinion correcting those statements); Medina v. Cont. Freighters, Inc., No. 5:21-CV-1224, 2023 WL 9503469, at *3 (W.D. Tex. Dec. 7, 2023) (finding that Bedford has been negated and therefore “declined to follow” it). These courts diverged from Bedford because Duenez’s revised opinion omits this key sentence which Bedford relied on: “[u]nder the court's analysis, the provider and the intoxicated patron are one and the same, like the employer and the employee in a case founded upon the doctrine of respondeat superior.” Bedford, 166 S.W.3d at 462 (citing F.F.P. Operating Partners, L.P. v. Dueñez, No. 02-0381, 2004 WL 1966008 (Tex. Sept. 3, 2004), opinion withdrawn and superseded sub nom., F.F.P. Operating Partners, L.P. v. Duenez, No. 02-0381, 2006 WL 3110426 (Tex. Nov. 3, 2006), opinion withdrawn and superseded on denial of reh'g, 237 S.W.3d 680 (Tex. 2007)). Bedford’s outcome, which relied on this comparison, has thus reasonably been called into question by these courts. Accordingly, the district court should also reject Plaintiff’s argument that Bedford is instructive in any way. Plaintiff’s comparison of negligent hiring to dram shop liability also fails for similar reasons. The revised Duenez opinion, which Plaintiff ultimately cites as well, specifically explained that the Dram Shop Act does not impose vicarious liability but Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 15 of 17
16 / 17 instead holds an owner liable for its own negligence in selling or serving alcohol to an obviously intoxicated person. Williams, 671 F. Supp. 2d at 892 n.8 (citing Duenez, 237 S.W.3d at 681, 686). This relationship differs from that of an employee and employer through vicarious liability, and as previously discussed, no court has found negligent entrustment, hiring, training, or retention to be non-vicarious claims. Any argument likening negligent entrustment, training, hiring, or retention to dram shop liability thus fails. F. Conclusion and recommendation. The district court should GRANT CFI’s partial motion for summary judgment (Doc. No. 37) and DISMISS Plaintiff’s direct claims—negligent entrustment, negligent hiring, negligent training or negligent retention—against CFI. G. Notice. The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within 14 days after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), and General Order No. 2002-13, United States District Court for the Southern District of Texas. A failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation within 14 days after being served with a copy shall bar that party, except upon grounds of plain error, from Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 16 of 17
17 / 17 attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court. See Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc). Respectfully submitted on December 29, 2025. _______________________________ Jason B. Libby United States Magistrate Judge Case 2:24-cv-00111 Document 69 Filed 12/29/25 in TXSD Page 17 of 17
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