Otis Engineering Corp. v. Clark
Supreme Court of Texas
668 S.W.2d 307 (1983)
Otis Engineering employee Robert Matheson was regularly intoxicated at work, a fact well known to his supervisor Donald Roy and coworkers, and one day after coworkers reported he was too drunk to work, Roy escorted him to his car, asked if he could drive safely, and let him leave despite Matheson having a blood alcohol content of .268% — a level the medical examiner testified anyone encountering him would have recognized as very intoxicated. Matheson's car struck and killed Larry and Clifford Clark on his way home, and their spouses (plaintiffs) sued Otis (defendant) for wrongful death, arguing Otis was negligent in sending Matheson home rather than using available alternatives like the on-site nurses' station, calling a taxi, or calling his wife; the trial court granted Otis summary judgment, and an intermediate appellate court reversed and remanded for trial, prompting Otis's further appeal.
Whether an employer who knowingly permits a visibly intoxicated employee to drive home, despite having reasonable alternative means of ensuring his safe transport, may be held liable in negligence for resulting harm to third parties.