Shinn v. Allen
Texas Court of Appeals
984 S.W.2d 308 (1998)
Russell Allen (defendant), a minor, rode along while his underage friend Jeremy Faggard bought and drank beer, and later asked Faggard for a ride home; during that ride, Faggard's vehicle collided with and killed Robert Shinn and seriously injured his wife Gail (plaintiff), who sued Allen for negligence under the concert-of-action theory, alleging he substantially assisted or encouraged Faggard's decision to drive while intoxicated. Allen, who hadn't paid for the alcohol, didn't know purchasing it was the plan, and didn't believe Faggard was intoxicated at the time, moved for summary judgment on the ground he owed no duty to Gail; the trial court granted the motion, and Gail appealed.
Whether, under the concert-of-action theory of liability, a plaintiff seeking to impose liability upon a defendant for negligent conduct committed by another must prove that the defendant provided substantial assistance or encouragement to the tortfeasor.