Orel Carroll, Petitioner v. Timmers Chevrolet, Inc. and Harvey E. Lively, Respondents

Summary

The Texas Supreme Court held that Harvey E. Lively is jointly and severally liable for the plaintiff's injuries because his lease of the wrecker business to McCoy was a scheme to evade the city permit ordinance, and affirmed the lower court's judgment that Timmers Chevrolet is not liable as a conspirator or owner because the accident was not in furtherance of its alleged conspiracy. The court reversed the appellate court's decision on Lively and affirmed it on Timmers.