Steven Painter ; Tonya Wright

Summary

The Texas Supreme Court reversed the Court of Appeals and held that Amerimex is not entitled to summary judgment on the plaintiffs' vicarious‑liability claim because genuine issues of material fact exist as to both the employer‑employee relationship and whether the driller was acting within the course and scope of his employment. The Court also clarified that the right‑to‑control analysis is part of the employee‑status inquiry, not a separate element.