Fifth Club, Inc. and David A. West, Petitioners v. Roberto Ramirez, Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals judgment against Fifth Club, holding that the nightclub is not vicariously liable for the independent‑contractor security guard's assault because it lacked control and there is no personal‑character exception in Texas. The Court also found insufficient evidence of negligent or malicious hiring and therefore reversed those jury findings. However, it affirmed the award of future mental‑anguish damages against the guard. Justice WILLETT dissented on the mental‑anguish award, while Justice BRISTER concurred in the majority’s reasoning.