Santos Martinez Salazar and Wife, Maria G. Martinez v. Lesvia Azucena Ramos and Maverick County Insurance Agency Incorporated

361 S.W.3d 739, 2012 WL 390841, 2012 Tex. App. LEXIS 1005
Court of Appeals of Texas·Decided February 8, 2012·No. 08-10-00206-CV·Published·Cited by 20 cases

Opinion

OPINION

GUADALUPE RIVERA, Justice.

After Santos Martinez Salazar suffered injuries in a motor-vehicle accident, Salazar and his wife, Maria G. Martinez, Appellants, filed suit against Lesvia Azucena Ramos, Maverick County Insurance Agency, Inc. (Maverick Insurance), Elizondo Trucking, Eusebio Elizondo (Elizondo), Selicita Elizondo, and Cross-Plaintiff Roberto Perez Medina alleging negligence, gross negligence, and fraud, and seeking to establish liability under the alter ego, single-business enterprise, and branded-vehicle doctrines. Ramos and Maverick Insurance, Appellees, sought and obtained a hybrid no-evidence and traditional summary judgment. Appellants filed this appeal alleging trial court error. We affirm.

BACKGROUND

Factual History

On or about February 28, 2007, Appellant Salazar was a passenger in Cross-Plaintiff Medina’s vehicle as they traveled on a highway in Coahuila, Mexico. A tractor-trailer displaying a brand and logo for Elizondo Trucking struck Medina’s vehicle, forcing it off the road and into a creek. The tractor-trailer driver allegedly stopped, failed to render aid or assistance, and left the scene of the accident. After Mexican authorities and emergency personnel arrived, Medina and Appellant Salazar were both transported by ambulance to a hospital with injuries.

Generosa Davila and Appellee Ramos serve, respectively, as President and Vice-President of Appellee Maverick Insurance. Maverick Insurance is operated out of Eagle Pass, Texas, and offers insurance policies to Mexican commercial carriers driving in the permitted commercial zones of the United States but does not offer policies providing liability insurance coverage to those carriers while driving in Mexico. According to Ramos, a quote is accepted if the customer signs an application and Maverick collects the insurance premium from the customer. On or about March 7, 2002, and July 10, 2003, Maverick Insurance provided to Elizondo Trucking an insurance quote for liability coverage while operating within the United States but Elizondo Trucking rejected both quotes.

Periodically, Davila and Ramos also provide services unrelated to insurance including assisting primarily Spanish-speaking customers by completing forms and translating documents for a nominal or no charge and serving as registered agents for process, a role which Ramos understood to be limited to receiving court documents and conveying them to the proper person or entity.

In 2002, several weeks after Elizondo Trucking rejected Maverick’s March insurance quote, Davila provided translation and form-completion services to Eusebio Elizondo in relation to the completion of an “Application for Certificate of Registration for Foreign Motor Carriers and Foreign *743 Motor Private Carriers,” a form which was required to be completed in English and submitted to obtain authorization to transport property within the commercial zones near the United States and Mexico border. However, the application was rejected because it failed to designate a registered agent and because submission of a newer form was required, which was offered in both English and Spanish. Elizondo did not request that Maverick Insurance, Da-vila, or Ramos correct the original application, and Ramos did not know who completed the new form for Elizondo. Ramos later discovered that Elizondo had listed her as its registered agent for service of process when the United States Department of Transportation (USDOT) began sending letters to Elizondo Trucking, with copies addressed to Ramos at Maverick Insurance’s former mailing address. Some of those letters were sent directly to Elizondo Trucking in Coahuila, Mexico. Ramos did not know who designated her as registered agent for Elizondo Trucking but proceeded to inform Elizondo Trucking about the letters and asked that it refrain from using Maverick Insurance’s address.

In October 2004, Ramos assisted Euse-bio Elizondo with the completion of a tax application for a fuels tax license, and a standard carrier alpha code application required by U.S. Customs. At that time, Ramos asked Elizondo to remove her as Elizondo Trucking’s registered agent. El-izondo allegedly complied with Ramos’ request but the change was never processed. Ramos thereafter continued to inform Eli-zondo that she was continuing to receive correspondence from the Federal Motor Carrier Administration.

In 2006, Ramos assisted Elizondo with the completion of an amendment to a form for single state registration. Ramos had no other communication with Elizondo until she was served with the instant lawsuit, after which she verified that she had been named Elizondo Trucking’s registered agent for process. Ramos notified Elizon-do about the suit, and delivered the papers to Elizondo’s representative. Elizondo again completed a change of registered-agent form but continued to list Maverick Insurance’s address. Ramos asked Eli-zondo to correct the form, after which the Federal Motor Carrier Administration processed the change.

Elizondo never purchased an insurance policy from Maverick Insurance. Maverick Insurance did not share or have in common any employees, offices, accounting, business names, or allocation of profits with Elizondo Trucking. Ramos had no interest, ownership, or control over Elizon-do Trucking or its employees. Prior to the filing of the suit, Ramos did not know Appellants or Cross-Plaintiff Medina. Neither Ramos nor Maverick Insurance own the tractor trailer involved in the accident and Maverick Insurance does not employ any persons involved in the accident.

Procedural History

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Santos Martinez Salazar and Wife, Maria G. Martinez v. Lesvia Azucena Ramos and Maverick County Insurance Agency Incorporated, 361 S.W.3d 739, 2012 WL 390841, 2012 Tex. App. LEXIS 1005 (Tex. Ct. App. 2012).

361 S.W.3d 739 (Santos Martinez Salazar and Wife, Maria G. Martinez v. Lesvia Azucena Ramos and Maverick County Insurance Agency Incorporated) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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