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

Summary

The Texas Supreme Court reversed the Court of Appeals judgment that held Fifth Club vicariously liable for the intentional torts of its independent‑contractor security guard and reversed the findings of negligence and malice in hiring, holding that no personal character exception exists. The Court affirmed the judgment against the guard, West, on the award of future mental‑anguish damages. The decision rests on the lack of control by the club and the absence of a nondelegable duty for security work.