Williams v. Steves Industries, Inc.

699 S.W.2d 570 (1985)

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Nature of the Case

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Facts

P was driving her car on a four-lane segment of Interstate 35. Her two children were riding in the back seat. The car ran out of gas and stalled in one of the center lanes. P restarted the car but continued only a short distance before it stalled again. There was testimony the car was hidden from the view of approaching traffic by shadows of an overpass. Robinson, (D) who was driving an eight-ton equipment repair truck owned by P, hit the car from behind. P and her children were injured and the children died from those injuries. Ps seek to recover punitive damages under a theory of negligent entrustment. Ps alleged that D was negligent and grossly negligent in allowing Robinson (D), to drive the truck. The jury found D both negligent and grossly negligent and awarded $250,000 in punitive damages. The trial court disregarded the jury's findings of gross negligence and limited the award to actual damages. The court of appeals affirmed the judgment of the trial court in part and reversed and rendered in part. Ps appealed.