TC Enterprises, Inc. For the reasons stated below, we must affirm. In November , Mrs. Garcia had been working at the store for almost three months. According to the affidavit of owner James J. Stewart, Mrs. Stewart attested that he explained to Mrs. Specifically, he stated that he explained to her that she was never to try to stop a thief or shoplifter personally, but rather the store policy was to allow that individual to leave the premises and then call the police and give them whatever descriptive information the employee has acquired.
On November 10, , Loraine Urquidi and her high school friends had ditched school and had been partying and drinking beer throughout the day. When they ran out of beer, they decided to steal some beer from a store or do a Abeer run. Urquidi walked into the store, grabbed an pack of beer, and walked toward the counter as if she was going to pay for the beer, but then quickly walked out of the store.
Urquidi threw the beer into the back of the waiting truck, and then hopped into the passenger side seat. Witnesses saw Mrs. The driver accelerated at a high rate of speed and drove forward with Mrs. Garcia hanging onto the handle. When Mrs. Garcia lost her grip, she fell beneath the vehicle and was run over by the rear driver side dual tires. Garcia died from her injuries. The Garcias brought a wrongful death suit against J. Enterprises in which they alleged J.
Enterprises was negligent in its exercise of control over Mrs. Enterprises moved for traditional and no-evidence summary judgment on grounds that it was not liable as a matter of law because the event was not foreseeable and alternatively, there was no evidence that the event was foreseeable nor evidence that J.
In a supplemental summary judgment motion, J. Enterprises also asserted that the Garcias were barred from pursuing the lawsuit because Mrs. Garcia had waived her right to sue J.
