PJC General Negligence 2022

PJC 10.2

A GENCY AND S PECIAL R ELATIONSHIPS

PJC 10.2

Borrowed Employee—Liability of Borrowing Employer

QUESTION ______ On the occasion in question, was Don Davis acting as a borrowed employee of XYZ Company ? One who would otherwise be in the general employment of one employer is a “borrowed employee” of another employer if such other employer or his agents have the right to direct and control the details of the particular work inquired about. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use—replaces PJC 10.1. PJC 10.2 should be given if a plaintiff seeks to impose vicarious liability on a borrowing employer ( XYZ Company ) for the negligence of one generally employed by another. Source of definition. For discussion of the “borrowed employee” (sometimes called “loaned employee” or “special employee”) doctrine, see St. Joseph Hospital v. Wolff , 94 S.W.3d 513, 537–38 (Tex. 2002); J.A. Robinson Sons, Inc. v. Wigart , 431 S.W.2d 327, 334 (Tex. 1968), overruled on other grounds by Sanchez v. Schindler , 651 S.W.2d 249, 251 (Tex. 1983); Producers Chemical Co. v. McKay , 366 S.W.2d 220, 225–26 (Tex. 1963).

128