Herrera v. CWJ Forklift Service: Texas Court Reinforces Limits on Employer Liability for Intoxicated Employees
In Herrera v. CWJ Forklift Service, LLC, 730 S.W.3d 501 (Tex. App.—Eastland Jan. 30, 2026, no pet. h.), the Eastland Court of Appeals affirmed dismissal of claims against an employer after an intoxicated employee left a company gathering and caused a fatal automobile accident.
The decision underscores a narrow but important rule: knowledge of an employee’s intoxication, even coupled with advice not to drive, does not create liability absent an affirmative exercise of control performed negligently.
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About the Author
Michael A. Logan is a founding partner of Kane Russell Coleman Logan PC. He represents businesses, insurers, transportation companies, and hospitality industry clients in complex litigation.
