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Otis Engineering Corp. v. Clark | 668 S.W.2d 307 (1983)
What responsibility does an employer have for an off-duty employee’s negligent acts? The court considered that question in Otis Engineering Corporation versus Clark.
Robert Matheson, an alcoholic machine operator with a history of drinking on the job, worked the evening shift for Otis Engineering. One night, he came back from the dinner break drunk. Fellow employees told Donald Roy, Matheson’s supervisor, that Matheson needed to be taken off the machine. Roy observed Matheson’s intoxication, removed him from his workstation, escorted him to the parking lot, then asked whether he could drive home. Matheson assured Roy he could. But driving home, Matheson hit another car, killing Janis and Geraldine Clark. Matheson’s blood alcohol content was point two six eight percent. The medical examiner later testified that this represented a minimum of sixteen to eighteen cocktails consumed over one hour.
The husbands of Janis and Geraldine Clark sued Otis for wrongful death. They argued that Roy could’ve taken Matheson to the Otis Engineering nurse's station, given Matheson a ride home, or called a taxi, Matheson’s wife, or the police. But by directing Matheson to drive home when Roy knew Matheson to be intoxicated, Roy breached a duty to act without negligence. The trial court held that Otis owed no duty to the Clarks and granted Otis summary judgment. The court of appeals reversed and remanded for a trial. Otis appealed to the Texas Supreme Court.
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