Dena Kristi Read, Petitioner v. the Scott Fetzer Company D/b/a the Kirby Company, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, holding that The Kirby Company owed a duty of reasonable care to Dena Kristi Read because it retained control over the in‑home demonstration aspect of its independent contractors' work, and that the evidence supported proximate cause; the court also affirmed the actual damages award and reversed the punitive damages award. Justice Hecht dissented, arguing that Kirby did not retain sufficient control and that the decision would unduly affect the direct‑sales industry.