Werner Appeals Crash Verdict to Texas Supreme Court

Werner Appeals Crash Verdict to Texas Supreme Court docket


Werner first appealed the jury verdict in October 2018 to the Texas Fourteenth Court docket of Appeals in Houston. That enchantment in the end was denied in a 5-4 resolution after languishing within the authorized system for a number of years. (Werner Enterprises)

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Werner Enterprises Inc. has filed an enchantment with the Texas Supreme Court docket of a $100 million jury decrease court docket verdict in a 2014 deadly crash that was upheld by a state appeals court docket earlier this 12 months.

The case stretches again to a 2018 trial during which a Houston jury returned what stands as one of many highest financial judgments towards a motor service. The crash on the heart of the case occurred when a pickup truck pushed by a buddy of the plaintiff within the lawsuit misplaced management on a slick interstate, traveled throughout the freeway median and collided with a Werner tractor touring on the other stretch of highway.

Werner first appealed the jury verdict in October 2018 to the Texas Fourteenth Court docket of Appeals in Houston. That enchantment in the end was denied in a 5-4 resolution after languishing within the authorized system for a number of years.

In its case earlier than the state appeals court docket, Werner has objected to the jury’s discovering that the motive force and firm had been negligent and in addition to the decide’s resolution to permit sure proof within the case. Werner additionally objected to the jury’s award of future medical care bills for the plaintiffs.

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“This enchantment presents a number of distinct questions of regulation of manifest significance to the jurisprudence of the state, no less than a few of which require the reversal and rendition of the judgment under,” Werner argued in its temporary filed with the excessive court docket on Aug. 17. Werner stated the state court docket of appeals’ denial imposes a authorized obligation on Texas motorists within the state’s largest appellate district to anticipate that automobiles on the opposite aspect of a divided freeway “will lose management and cross immediately into their path.”

It argued additional that “a failure to foresee this distant chance and do every little thing potential to keep away from it, together with getting off the highway totally, could make a driver 100% accountable for virtually any accident.”

Werner stated the related information of the accident are undisputed: Werner driver Shiraz Ali was continuing in his lane, working and accountable for a Werner tractor-trailer, when the plaintiff’s automobile all of a sudden careened into his path, leaving him no time to keep away from a deadly collision.

“Not in contrast to many Texans driving throughout winter months, there was patchy ice within the space he was touring; but it surely was nonetheless daylight, and Ali was accountable for his automobile and safely touring properly under the posted pace restrict,” the enchantment stated. “Whereas the intervening and unforeseeable accident with the [plaintiff] had tragic penalties, Ali’s conduct didn’t proximately trigger these outcomes.”

Werner stated the plaintiff argued in the course of the trial that if Ali had been driving in any respect, he ought to have proceeded at a fraction of the pace, “in order that he would have been at a unique spot on the highway when the plaintiff’s automobile entered his lane.”

Werner’s appellate temporary stated the accident’s investigating officer testified that “this was actually an accident,” Ali “didn’t do something incorrect,” and there was nothing he “may have carried out to keep away from the collision.”

Werner Enterprises ranks No. 17 on the Transport Subjects High 100 checklist of the most important for-hire carriers in North America.

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