PJC General Negligence 2022

A GENCY AND S PECIAL R ELATIONSHIPS

PJC 10.3

PJC 10.3

Borrowed Employee—Lending Employer’s Rebuttal Instruction

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. An employee ceases to be an employee of his general employer if he becomes the “borrowed employee” of another. 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 con trol the details of the particular work inquired about. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use—replaces PJC 10.1. PJC 10.3 should be given if a general employer ( ABC Company ) who is claimed to be vicariously liable seeks to rebut the employment relationship with evidence that the employee was the borrowed employee of someone else on the occasion in question. See Linden-Alimak, Inc. v. McDonald , 745 S.W.2d 82, 84 (Tex. App.—Fort Worth 1988, writ denied). 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).

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