Bell v. VPSI, Inc.

Homer Bell (defendant), a Lockheed employee, contracted with VPSI, Inc. and the Fort Worth Transportation Authority (defendants) to drive a company-provided van as a carpool driver, agreeing to service the van at approved locations, avoid driving beyond a set radius, and follow applicable laws; the agreement expressly labeled him an independent contractor and also let him use the van personally on evenings and weekends at his own fuel expense. While running personal errands with his wife, Linda Bell (plaintiff), as a passenger, Homer hydroplaned and crashed into a tree, injuring Linda. Linda sued Homer, VPSI, and the Transportation Authority, arguing the companies were vicariously liable for Homer's negligence; the trial court granted the companies summary judgment on the ground that Homer was an independent contractor, and Linda appealed.