In Greater Houston Transportation v. Phillips, 801 S.W.2d 523 (Tex. 1990), it found, generally, there is no duty to control the conduct of third parties. Id. at 525.
It noted, the general rule, however, does not apply when a special relationship exists between the actor and the third person. Where a special relationship exists, it imposes a duty upon the actor to control the third person's conduct. Id.
Such special relationships include employer/employee and independent contractor/contractee. Id.
In order to predicate liability, it must be shown that the employer controlled the work of the employee or contractor and knew of the employee or contractor's incapacitation. Id.