Greyhound Van Lines, Inc. v. Bellamy, 5291
| Decision Date | 29 November 1973 |
| Docket Number | No. 5291,5291 |
| Citation | 502 S.W.2d 586 |
| Parties | GREYHOUND VAN LINES, INC., Appellant, v. Orman BELLAMY, Appellee. |
| Court | Texas Court of Appeals |
Jackson, Walker, Winstead, Cantwell & Miller, John L. Lancaster, III, Bailey, Williams, Westfall & Henderson, Woodfin C. Henderson, Dallas, for appellant.
Grady, Johnson, Smith & Blakeley, Tom A. Blakeley, Jr., McCrea & Davis, Victor C. McCrea, Jr., Dallas, for appellee.
The defendant, Greyhound Van Lines, Inc., appeals from a judgment rendered on a verdict awarding the plaintiff, Orman Bellamy, $110,000 for personal injuries caused by the alleged negligence of a truck driver, Dale E. Otterson, in the operation of a truck. We affirm.
The truck is owned by Victor M. Bostwick, whose business is in California. When plaintiff was injured, the truck was under written lease to Greyhound by Bostwick. On the day prior to plaintiff's injury, Otterson completed a trip from Richmond, Virginia, to a Greyhound warehouse in Fort Worth, where the truck was unloaded. He experienced braking difficulties with the truck on that trip. On the day of injury, he drove the truck to plaintiff's place of employment for the express purpose of brake repair.
In so far as important to this appeal, Greyhound defended this suit on the grounds that when plaintiff's cause of action arose Otterson was not its employee, but was Bostwick's employee or an independent contractor.
The jury found, in effect, that while plaintiff, a mechanic, was repairing the brakes of the truck, Otterson, in an attempt to assist in the repair, negligently started the truck in gear and thereby caused its wheels to strike plaintiff, inflicting serious injuries. Additionally, answering special issues numbered as follows, the jury (16) found 'that at the time and on the occasion in question Otterson was engaged in the service of Greyhound in the furtherance of its business'; (18) found 'that on the occasion in question Otterson was operating the van in furtherance of a mission for the benefit of Greyhound and subject to the control of Greyhound as to the details of the mission'; and (20) failed to find 'that on the occasion in question Otterson was acting as an independent contractor with regard to Greyhound.'
In eleven points of error, Greyhound asserts (1) there is no evidence to support the answers to special issues 16 and 18; (2) the answer to issue 20 is contrary to the undisputed evidence ; (3) alternatively, the answers to those three issues are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust; and (4) the court erred in overruling Greyhound's objections to issues 16 and 18 to the effect that the inquiries were not confined to the specific time of plaintiff's injury.
The evidence shows without dispute that the truck was operated upon the highways of Texas by virtue of a motor carrier permit issued to Greyhound by the Railroad Commission of Texas under the regulatory provisions of Article 911b, Vernon's Ann.Texas Civil Statutes. Bostwick and Otterson did not possess such permit. One holding such permit may not...
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