Harris v. Houston Livestock Show & Rodeo Inc.

OPINION

The case underlying this appeal concerns an off-duty police officer who drank free beer at a private, after-hours party and then caused serious injuries to two people when he rear-ended a stalled SUV. The injured parties, appellants, Calvin and Madelyn Harris and Kalvin Guyton, brought suit under the Dram Shop Act*fn1 against Corral Club, Inc. (“Corral Club”) and Houston Livestock Show & Rodeo, Inc. (“HLS&R”). The Harrises and Guyton separately appeal summary judgment granted in favor Corral Club and HLS&R. In their first two issues, appellants each contend that summary judgment is improper because Corral Club was the “provider,” as defined by the Dram Shop Act, of the beer and that HLS&R is vicariously liable based on a joint enterprise theory.*fn2 We conclude that the Corral Club failed to show conclusively that it, acting through its agents, was not the “provider” of the beer. We reverse that portion of the summary judgment and remand for further proceedings. We also determine that HLS&R conclusively established that there was no joint enterprise between it and Corral Club. We affirm the summary judgment rendered in favor of HLS&R.