PJC General Negligence 2022

A GENCY AND S PECIAL R ELATIONSHIPS

PJC 10.1

PJC 10.1

Employee

QUESTION ______ On the occasion in question, was Don Davis acting as an employee of ABC Company ? An “employee” is a person in the service of another with the understanding, express or implied, that such other person has the right to direct the details of the work and not merely the result to be accomplished. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 10.1 should be used if there is a factual dispute about the employment element essential to a defendant’s vicarious liability. Source of definition. For the characteristics of “employee,” as distinguished from “independent contractor,” see Limestone Products Distribution, Inc. v. Mc Namara , 71 S.W.3d 308 (Tex. 2002), superseded by statute on other grounds by Robles v. Mount Franklin Food, L.L.C. , 591 S.W.3d 158 (Tex. App.—El Paso 2019, pet. denied); Newspapers, Inc. v. Love , 380 S.W.2d 582 (Tex. 1964), superseded by statute on other grounds by Robles , 591 S.W.3d 158; Restatement (Second) of Agency § 2 (1958). See PJC 10.8 for the definition of “independent contractor.” Caveat. For cases involving employment as a defense under the Workers’ Com pensation Act (Tex. Lab. Code ch. 401), see PJC 10.5.

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