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A Texas state court has denied an appeal by Werner Enterprises Inc. of an $89.7 million jury verdict in a case involving a 2014 fatal crash.
“We have inspected the record and find no error in the judgment,” seven of the nine justices wrote in a May 18 opinion. “We order the judgment of the court below affirmed. We order appellants, Werner Enterprises, Inc., and [truck driver] Shiraz Ali, jointly and severally, to pay all costs incurred in this appeal.” Two justices wrote dissenting opinions in the case.
Werner said it would now take its appeal to the Texas state supreme court. “Werner is disappointed with the court of appeals’ decision, and we plan to seek relief with the Texas supreme court,” said Executive Vice President and Chief Legal Officer, Nathan Meisgeier.
The appeal, which was based on legal issues ranging from admissions of evidence to the jury’s award of future medical care expenses, had languished at the Texas Fourteenth Court of Appeals in Houston for more than four years.
The case stretches back to a 2018 trial in which a Houston jury returned the huge verdict — one of the highest ever against a motor carrier — in connection with the 2014 crash. In it, a pickup truck driven by a friend of the plaintiff lost control on a slick interstate, traveled across the highway median and collided with a Werner tractor traveling on the opposite stretch of road. Werner appealed the $89.7 million verdict in October 2018.
It remains unclear if Werner plans further appeals.
Werner’s attorneys wrote in a court pleading: “At the time of this accident, Shiraz Ali was proceeding in his lane, in control of a Werner tractor-trailer and well below the speed limit, when the [plaintiff’s] vehicle suddenly careened into his path, leaving him no time to avoid a collision.” However, the lower court jury found both Werner and Ali liable and assessed the large award, according to court documents.
The plaintiff’s attorney in the case, Eric Penn, argued in court that the Werner driver was inexperienced, driving too fast, and should not even have been driving in the icy conditions present at the time. He also charged that Werner was negligent for failing to adequately train and supervise Ali for operating in bad weather.
According to the appeals court, the jury heard evidence that Werner teaches drivers that they have the discretion whether to come to a crawl or stop in icy conditions.”
Christopher
In a dissenting opinion, Chief Justice Tracy Christopher said the majority did not address relevant issues raised in the appeal.
“I agree with the majority that the evidence supports a finding that [driver] Ali was negligent and that his negligence was a proximate cause of the injuries,” Christopher wrote. “Because the majority has failed to address meritorious complaints that were preserved in the trial court, re-urged on appeal, and dictate the reversal of the trial court’s judgment, I respectfully dissent.”
Werner Enterprises ranks No. 17 on the Transport Topics Top 100 list of the largest for-hire carriers in North America.
