Kelsi Piatkowski (Partner-Houston, TX) and Angela Morales (Associate-Houston, TX) successfully defended their client in a suit arising from a motor vehicle accident, where multiple theories were alleged, including vicarious liability. The plaintiff advanced an increasingly utilized – but legally unrecognized – theory that cellphone application notifications sent to an independent contractor delivery driver transformed the relationship into one of employment. They also contended that the client owed a duty to prevent independent drivers from engaging in distracted driving. After extensive briefing and oral argument, including an argument that Texas law does not recognize a cause of action imposing tort liability on technology platforms for an independent driver’s decision to interact with a mobile device while driving, the Court granted our client’s motion for summary judgment. Indeed, the Court ordered all claims dismissed with prejudice.