Clayton W. Williams, Jr., Inc. and Odis E. Graham, Petitioners v. David & Rosielinda Olivo, Respondents

Summary

The Texas Supreme Court held that Clayton Williams, Inc. and its on‑site representative Odis Graham were not liable for the injuries of independent contractor employee David Olivo because the plaintiff failed to obtain jury findings on the premises‑defect elements required for a general‑contractor duty, and thus could not invoke respondeat superior. Justice Spector, in a partial concurrence/dissent, argued that the Court should have vacated the judgments and remanded for a new trial.