The Texas Supreme Court recently reversed a lower court ruling and dismissed the $90 million verdict against Werner in connection with a 2014 accident.
The case centered on a Dec. 24, 2014 accident on Interstate 20 near Odessa, Texas. An eastbound vehicle lost control, crossed the median and struck a westbound Werner tractor-trailer.
A 7-year-old boy died, and a 12-year-old girl suffered a brain injury. Two others in the vehicle were also injured.
Plaintiffs alleged Werner and its driver were at fault. However, court records indicate Werner’s driver was traveling below the posted speed limit, remained in his lane of traffic for the entirety of the incident and was braking before impact.
Werner said from the beginning that the accident was non-preventable and that its driver acted appropriately.
Werner appealed the original 2018 verdict and, after more than seven years of appeals, the Texas Supreme Court reversed the decision and dismissed the lawsuit.
The court ruled that Werner and its driver were “a mere happenstance of place and time,” and that “the sole proximate cause of this accident and these injuries was the sudden, unexpected hurtling of the victims’ vehicle into oncoming highway traffic, for which Werner and its driver bore no responsibility.”
Werner’s President and Chief Legal Officer Nathan Meisgeier said in a company statement,“This is a long-awaited win for Werner. After seven years navigating the appellate process, we are thankful the Texas Supreme Court reached the same conclusion as law enforcement – that the Werner drivers and our company did nothing wrong. A different outcome would have had far-reaching implications beyond the transportation industry.”
Meisgeier’s statement continues,“We have not and will not lose sight of the tragic loss the Blake family suffered because of this accident. Our continued thoughts and prayers are with the Blake family.”
The court’s ruling comes at a time when the trucking industry faces escalating insurances costs and so called “nuclear” verdicts like the the original one Werner faced.
In last year’s survey of trucking’s critical issues by the American Trucking Research Institute carriers ranked lawsuit abuse reform as their number two issue, and insurance cost and availability as the number four concern.
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