On a night in May 2003, Christopher Dean, an employee of a Whataburger restaurant in northwest Houston was murdered during a robbery attempt. On that night, Gregory Love was scheduled as a manager of the restaurant. He arrived early for the shift allowing another manager, Arthur Murray to leave early. Mr. Dean was also working at the restaurant. He was mentally impaired and had been working for Whataburger (Defendant) for last 14 years. Soon after Mr. Love started his shift, he called Mr. Murray and informed he also needed to leave work and asked Murray if he could leave Dean as in charge. Despite, Mr Murray’s disagreement Love left the restaurant and delegated his managerial power to Dean.