The Texas Supreme Court has overturned a nearly $90 million jury verdict against Werner Enterprises in a case stemming from a 2014 crash that killed a 7-year-old boy during a winter storm near Odessa, Texas. The court ruled that the truck driver employed by the Omaha-based company was not at fault.
The fatal accident occurred when a Ford F-350 lost control on an icy stretch of Interstate 20, crossed the median, and collided with a Werner semi-truck. The crash resulted in the death of the boy and left his then-12-year-old sister with a traumatic brain injury that caused permanent quadriplegia. Their mother and older brother also sustained brain injuries.
In a majority opinion issued late last month, Chief Justice Jimmy Blacklock stated that the truck driver, who was 24 at the time, had not contributed to the crash. The court concluded that the pickup’s driver had overdriven the hazardous winter conditions, causing the vehicle to veer out of control. The decision reverses a 2018 jury verdict that held Werner liable and awarded the family $89.6 million in damages.
Justice Jane Bland authored a dissenting opinion, joined by two other justices, agreeing the jury was misled but suggesting the case should have been retried rather than dismissed.
Werner President and Chief Legal Officer Nathan Meisgeier expressed relief following the ruling, calling it a “landmark decision” that brings “sanity” back to the litigation process. He reaffirmed the company’s support for the truck driver, who has since moved on to another employer.
“I wanted to make sure he knew the legal system had decided he had absolutely nothing to do with any of that,” Meisgeier said, adding that the decision provided the driver with a sense of relief. The family’s attorney, Eric Penn, could not be reached for comment.
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