Dive Brief:
- The Texas Supreme Court agreed to hear oral arguments for a case involving Werner Enterprises and a fatal crash from Dec. 30, 2014, in which a passenger vehicle crossed a highway median and collided with a truck. Law enforcement noted icy conditions.
- Werner again sought appeal of a case after a 2018 trial court and 2023 appeals court found in favor of the family. The crash killed 7-year-old boy Zachery Blake and injured other family members, including the boy’s sister, who became quadriplegic.
- The court only proceeds with about 10% of the cases filed with the institution each year. Oral arguments are scheduled for Dec. 3.
Dive Insight:
The case, which has continued in court for nearly a decade, easily falls into so-called nuclear verdicts that reach $10 million or more.
In 2018, a trial court found defendants were liable for over $100 million in damages, but Werner’s insurance policies blocked the carrier from most of the costs. As of last year, including post-judgment interest, the amount exceeded $116 million.
An appeals court last year affirmed the trial court’s judgment, ordering the company and driver to pay the costs.
Uninvolved parties, including the U.S. Chamber of Commerce and American Trucking Associations, have been filing briefs to call on the court to take the case.
A Werner spokesperson reached by Trucking Dive declined to comment. A lawyer for the Blake family didn’t immediately respond Wednesday.
