Allen v. A & T Transportation Co., Inc.

Terry Allen and wife, Brenda Allen, individually and as next friends of Matthew Allen, Timothy Allen, and Jennifer Allen, minor children appeal from a summary judgment in connection with his personal injury claim rendered in favor of his employer, A & Transportation Company, Inc. (A & T). *fn1 Terry Allen, a truck driver, was injured when a tanker truck he was driving went out of control and crashed. He alleges that his employer had a duty to, and failed to, properly warn or train him about the unexpected handling characteristics of a partially-loaded tanker truck. He alleged the truck overturned when he made a low speed turn off an interstate highway onto an exit ramp. He alleges that he was operating the truck at a properly low speed, but the shifting of the center of gravity of the truck due to the movement of the liquid in the partially-loaded tank caused the truck to overturn when it would not have done so if fully loaded. *fn2

A & T’s Motion for Summary Judgment contains both “no evidence” and traditional summary judgment language. The trial court rendered summary judgment without specifying the theories or grounds for its decision.