What happened: The Texas Supreme Court heard oral arguments in the Werner Enterprises case, where a 2018 $90 million nuclear verdict is being contested.

Remind me: This case stems from a 2014 crash in icy conditions near Odessa, Texas, where a passenger vehicle crossed the median into the Werner truck’s lane in oncoming traffic. 

• Despite a state trooper’s report saying Werner could not have prevented the accident and the Werner driver did everything right, a jury found Werner 70% liable for the wreck.

Tell me more: Werner’s legal team contends that the verdict imposed a new duty on trucking companies that isn’t supported by existing precedents. 

Worth noting: The Admission Rule, which lets companies streamline lawsuits by accepting liability for employee actions, was ignored in this case, allowing the plaintiff’s attorneys to use irrelevant evidence to influence the jury’s verdict.

• TLR filed an amicus brief in this case urging the court to uphold the rule.

TLR Thoughts: The Werner case highlights the dangers of nuclear verdicts, where plaintiff’s lawyers use emotional appeals and push expansive theories of liability to distract juries from the facts of the case. Cases like this are why the Lone Star Economic Alliance was formed—to advocate for a balanced legal system that ensures accountability when Texans are injured without allowing plaintiff’s lawyers to manipulate the legal process for profit.

Read the full article here.