Johnson v. Holly Farms of Texas, Inc.
731 S.W.2d 641 (1987)
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Rule of Law:
A minor lacks the legal capacity to appoint an agent, and therefore the negligence of a driver cannot be imputed to a minor passenger to bar or reduce their recovery. Furthermore, wrongful death damages awarded to a parent are their separate property, meaning one spouse's recovery is not barred by the imputed contributory negligence of the other spouse.
Facts:
- Robert Peret lost control of his car and trailer, which overturned and blocked a northbound lane on U.S. 287.
- Benford Husband, a truck driver for Holly Farms of Texas, Inc., arrived and stopped his 18-wheel truck in the same lane behind Peret's overturned vehicle.
- W.D. Johnson gave Cody Hall permission to drive the Johnson family car to pick up his 17-year-old daughter, Amy Johnson, from the airport.
- While returning from the airport with Amy as a passenger, Cody Hall drove the car into the rear of the parked Holly Farms truck.
- Amy Johnson was critically injured in the collision and died a short time later.
Procedural Posture:
- W.D. and Sally Johnson, individually and as representatives of Amy Johnson's estate, sued Holly Farms, Benford Husband, and Robert Peret in a state trial court.
- Holly Farms and Husband filed a cross-action against driver Cody Hall, seeking contribution and indemnity.
- Following a trial, a jury found Husband 40% negligent and Hall 60% negligent.
- The jury also found that Hall was acting as the agent for both the Johnsons (parents) and for Amy Johnson.
- Based on the jury's findings of agency and Hall's majority negligence, the trial court entered a take-nothing judgment against the Johnsons and Amy's estate.
- The Johnsons, as appellants, appealed the take-nothing judgment to the Court of Appeals of Texas.
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Issue:
Does a minor have the legal capacity to appoint an agent, thereby allowing the agent's contributory negligence to be imputed to the minor in a tort action?
Opinions:
Majority - Justice Countiss
No, a minor does not have the legal capacity to appoint an agent. Because a minor cannot legally form an agency relationship, the negligence of an alleged agent cannot be imputed to the minor under the doctrine of respondeat superior. Citing Texas statutes and precedent such as Wanda Petroleum Co. v. Hahn, the court held that Amy Johnson, as a 17-year-old, could not legally appoint Cody Hall as her agent. Consequently, Hall's 60% contributory negligence could not be attributed to her to prevent her estate from recovering damages. The court also held that even if Hall's negligence was imputed to Amy's father, W.D. Johnson, that negligence could not be further imputed to her mother, Sally Johnson, because wrongful death damages (including pecuniary loss, loss of companionship, and mental anguish) are classified as the separate property of the recovering spouse, not community property.
Analysis:
This decision reinforces the legal principle that minors are protected from the consequences of agency relationships due to their lack of legal capacity. It establishes a clear precedent in Texas that a minor passenger's claim cannot be defeated by imputing the driver's negligence to them. The case is also significant for its clarification of Texas marital property law in the context of tort recovery, holding that wrongful death damages are separate property, which prevents the contributory negligence of one spouse from barring recovery by the innocent spouse.
