The Texas Supreme Court has reversed a $90 million verdict against Werner Enterprises, thrusting the case back into the spotlight after one of the more notable “nuclear verdicts” in Texas trucking litigation in the last 10 years. The decision reestablishes key limits on liability for commercial carriers and alerts trial courts, counsel on both sides, and trucking companies across the state.
Trucking clients and their defense counsel in Texas may have new legal footing to challenge inflated damages and jury verdicts based on broad safety narratives. Additionally, the case offers valuable insight into the future of Reptile Theory arguments in court.
What Happened in Werner?
The underlying case dates back to 2014, when a tragic accident occurred on Interstate 20 near Odessa, Texas in icy road conditions. A pickup truck carrying five passengers lost control, crossed a grassy median, and collied with a Werner commercial truck that was traveling under the posted speed limit while maintaining its lane of travel.
At trial, the Plaintiffs argued that Werner should have never had its driver on the road, despite the lack of road closures or legal prohibitions. They alleged a systemic failure in safety protocols within Werner’s internal dispatch procedures. The jury found in favor of the Plaintiffs, awarding $90 million and holding Werner and its driver liable, even though the Werner truck was in its proper lane and traveling under the speed limit.
Werner appealed the trial court’s ruling. The Texas Supreme Court ultimately heard the case to determine whether the company could be held responsible for an accident caused by a third party’s loss of control during hazardous road conditions.
Texas Supreme Court Reverses Trial Verdict
The Court’s opinion focused on foreseeability and duty, cornerstones of Texas negligence law. In its decision, it held that a driver cannot be expected to foresee that another vehicle would lose control, cross a median, and crash into him without warning.
The Court reasoned:
- No evidence of negligence by Werner’s driver, finding he was driving lawfully and under the speed limit on an open interstate.
- No proximate cause as the loss of control by the pickup was the true cause of the collision.
- No general duty to prevent all accidents, with the Plaintiffs seeking to impose an unreasonable broad duty of care on Werner and its driver.
Though tragic, the facts did not support the legal conclusion that Werner or its employee caused the accident.
What This Means for Trucking Litigation in Texas
For defense counsel and trucking companies, this ruling resets how juries can evaluate fault in commercial trucking accidents. The Reptile Theory, often implemented by Plaintiffs’ counsel, generalizes safety arguments, emotions, and storytelling. Ultimately, this ruling essentially stands for the idea: “Just because we were there does not mean we were negligent.”
By reinforcing limits on duty, the decision gives trial courts firmer ground to exclude speculative evidence and emotional appeals. Similar fact patterns may strengthen motions for summary judgment, and Plaintiffs may need to focus on specific acts of negligence rather than generalized and irrelevant institutional blame.
Defense legal teams may have assistance in challenging overreaching claims and protecting business interests from excessive verdicts untethered from the facts of the case.
Texas carriers and trucking companies doing business in Texas should review the Werner ruling as potential precedent and strategic opportunity. Implementing and following driver compliance, policy transparency, and early response are crucial elements to mitigating risk and building defensive strategies if litigation arises.
Galloway’s Trucking Defense in Texas
Galloway’s transportation attorneys partner with trucking companies in defending litigation and complex liability cases throughout Texas. We have firsthand experience at defending against the Reptile Theory and we have seen how nuclear verdicts have reshaped the legal landscape. We respond quickly with our 24/7 Emergency Response Team, intervene early, and reframe narratives around the facts, always focusing on protecting our clients’ business interests.
This ruling by the Texas Supreme Court reinforces what we already know: facts matter, and in Texas, the law still follows them.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
