91a and Negligence

In Collingwood USA, Inc. v. Morgan Stanley & Co., the Fifth Court affirmed the dismissal of a negligent-supervision claim under Rule 91a, concluding that this cause of action requires physical injury to state a cognizable claim. Because the plaintiff alleged only economic damages arising from a contractual relationship with the employee, the economic loss rule barred recovery.

A concurrence/dissent, frustrated with the developing standards about use of Rule91a, expressed hope that  “the lack of clear guidance regarding the use of rule 91a instead of special exceptions and summary judgment will be addressed by the legislature or the Texas Supreme Court.” No. 05-24-00629-CV, Apr. 10, 2026.