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Texas Court of Appeals - 984 S.W.2d 308
Tags: Torts, Concert of action
tl;dr:
Plaintiff injured by a drunk driver sued the friend who drank with the driver and asked him for a ride home; Court holds that friend could not be held liable for actions of the driver.Video Summary
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The case involves an appeal by Marjorie Gail Shinn against a summary judgment in favor of Russell Martin Allen in a negligence case related to a car accident that killed Shinn's husband and injured her. Allen argued that he owed no duty to Shinn and moved for summary judgment, which was granted. Shinn alleges that the trial court erred in granting Allen's motion for summary judgment because there was a duty and a question of material fact under the concert-of-action theory of liability. The evidence presented in the summary judgment shows that Allen had no control over the vehicle and did not observe any signs of intoxication before the accident. Shinn argues that Allen may be liable under the concert-of-action theory, which suggests that all those who actively participate in a common plan to commit a tortious act, or who aid or encourage the wrongdoer, are equally liable. The purpose of the concert-of-action theory is to deter antisocial or dangerous behavior likely to cause serious injury or death to a person or certain harm to a large number of people.
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