Texas Supreme Court Weighs $116M Trucking Crash Verdict

A $116M verdict against Werner Enterprises tests foreseeability in negligence law. The Texas Supreme Court's ruling could reshape duty of care standards.

ByZach Barreto

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Updated on

Semi-truck on icy road

Werner Enterprises Inc. is challenging a $116 million jury verdict that found the company and one of its drivers liable for a deadly crash in icy conditions. The case arose after a truck driven by Zaragoza "Trey" Salinas lost control on Interstate 20, crossed the median, and collided with another truck driven by Werner driver Shiraz Ali. Tragically, the crash severely injured plaintiff Jennifer Blake and her 12-year-old child, while her 7-year-old was killed.

The plaintiffs argue that Werner Enterprises and Ali failed to adjust their driving to account for the icy road conditions, violating their duty of care as professional drivers.

The Legal Precedent at Stake

During oral arguments before the Texas Supreme Court, Werner's counsel, Thomas C. Wright of Wright Close & Barger LLP, highlighted the relevance of the nearly century-old Palsgraf v. Long Island Railroad Co. decision. This precedent established that negligence requires a risk to a specific, foreseeable person.

"It's certainly foreseeable that somebody in the next lane could come into your lane," Wright noted. "But you cannot realistically travel down the highway ... if you have to anticipate that somebody might, without warning, leave the interstate lane 30 feet across."

Wright contended that Ali could not have foreseen Salinas’ truck crossing the median and entering his lane, particularly given the icy conditions.

The Trial Arguments

For Werner Enterprises:

The defense emphasized that Ali was adhering to his professional training, and argued that he could not reasonably anticipate Salinas losing control. Wright further criticized the lower courts for considering Ali’s conduct throughout the entire day rather than focusing on the critical moments leading up to the crash.

For the Plaintiffs:

Jennifer Blake’s counsel, Darrin M. Walker of the Law Office of Darrin M. Walker, argued that as a professional driver, Ali had a heightened duty to exercise caution, particularly in hazardous weather. Walker stated, “No one should drive on ice. If the road was icy, Ali should not have been driving.”

Plaintiffs also highlighted that Werner’s own safety manager admitted Ali had been driving at 60 miles per hour in icy conditions for over an hour—a clear violation of safety guidelines for commercial drivers.

The Law Firms Involved

Representing Werner Enterprises are attorneys from Baker Botts LLP and Wright Close & Barger LLP, including prominent figures such as Thomas R. Phillips and Beau Carter.

Jennifer Blake and her family are represented by The Penn Law Firm PC, The Law Office of Darrin M. Walker, and Harrison Davis Morrison Jones PC.

For more information about these firms, visit their websites:

What’s Next for the Case?

The Texas Supreme Court’s decision could have a profound impact on negligence law in the state. A ruling in favor of Werner Enterprises may reinforce stricter interpretations of foreseeability, potentially limiting liability for drivers in similar scenarios.

Alternatively, upholding the jury’s verdict could signal a broader application of duty of care standards, particularly for professional drivers. The ruling is expected to shape negligence litigation for years to come, particularly in cases involving extreme weather and roadway conditions.

As Wright argued, “The rule has got to be drawn somewhere.” Where that line falls will soon be determined.

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.

Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.

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