Jesus Garcia v. MTZ Trucking, Inc.
Jesus Garcia, an employee of MTZ Trucking, Inc., appealed a summary judgment granted in favor of MTZ Trucking in his suit for negligent training and supervision and gross negligence. Garcia was injured when his end-dump truck, while delivering product on a third party's premises, came into contact with a live power line. He alleged that MTZ Trucking failed to train and supervise him on operating the truck and avoiding electrical wires, despite his prior experience. MTZ Trucking argued it owed no such duty, asserting Garcia was a seasoned driver and the dangers of power lines are common and obvious. The First District of Texas Court of Appeals affirmed the summary judgment, holding that an employer does not owe a duty to warn or train an employee about hazards that are commonly known or already appreciated, which included the dangers of operating an end-dump truck near overhead electrical wires.