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FIFTH CLUB, INC. v. RAMIREZ

No. 04-0550.

196 S.W.3d 788 (2006)

FIFTH CLUB, INC. and David A. West, Petitioners, v. Roberto RAMIREZ, Respondent.

Supreme Court of Texas.

Decided June 30, 2006.

Attorney(s) appearing for the Case

Timothy Poteet, David E. Chamberlain, Amy Catherine Welborn, Chamberlain & McHaney, Austin, for petitioner.

Carlos Ramon Soltero, Scott Steven Cooley, Brian Scott Engel, Stephanie E. Kaiser, McGinnis Lochridge & Kilgore, L.L.P., Austin, for respondent.

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice BRISTER, and Justice MEDINA joined, and in which Justice HECHT, Justice WAINWRIGHT, Justice JOHNSON, and Justice WILLETT joined as to Parts I, II, and III.

In this case we revisit the rule that an employer is generally not liable for the acts of an independent contractor unless the employer exercises sufficient control over the details of the independent contractor's work. See Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778, 783 (Tex. 2001). We do so to consider whether a "personal character exception" makes a business owner's duties to the public nondelegable when contracting for...

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