Fee, Smith & Sharp prevailed in an appeal to the Court of Appeals for the Second District of Texas in Tarrant County. The trial court held that the Defendant was acting in the course and scope of his employment while driving a vehicle owned by the company and awarded the Plaintiff substantial damages. The client appealed the trial court order that the evidence was neither legally nor factually sufficient to support the jury’s verdict that the Defendant was acting in the course and scope of his employment at the time of the collision
The Court of Appeals reversed, holding that the evidence did not support the jury’s verdict on course and scope of employment, rendering that Plaintiff take nothing.