Friday, October 9, 2009
Is conspiracy claim viable against employees (agents) of the same entity?
Can Multiple Agents of the Same Employer Be Held Liable for Conspiracy? In his petition against [Defendant, a grocery store], [Plaintiff, a customer] alleges that [Defendant], through actions of its employees, conspired to have him charged with theft. The elements of civil conspiracy include: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as a proximate result. Juhl v. Airington, 936 S.W.2d 640, 644 (Tex. 1996); Firestone Steel Prods. Co. v. Barajas, 927 S.W.2d 608, 614 (Tex. 1996). Employees or agents of a principal acting within the course and scope of their employment or agency relationship cannot form a conspiracy together unless they are acting outside their capacity as an employee or agent or are acting for a personal purpose of their own. See Texas-Ohio Gas, Inc. v. Mecom, 28 S.W.3d 129, 138 (Tex. App.--Texarkana 2000, no pet.); Atlantic Richfield Co. v. Misty Prods. Inc., 820 S.W.2d 414, 421 (Tex. App.--Houston [14th Dist.] 1991, writ denied). SOURCE: 03-07-00149-CV (10/7/09) (Austin CoA)