Robertson Tank Lines, Inc., Petitioner v. Johnnie Van Cleave, Respondents

Summary

The Texas Supreme Court held that Robertson Tank Lines was not vicariously liable for the accident because the driver, Donaghey, was not acting within the scope of his employment at the time of the collision. The court rejected the presumption that ownership of the truck and employment of the driver alone raised the issue of scope of employment once rebutted by positive evidence.