Trucker ‘didn’t do anything wrong’
Despite a trooper testifying that the truck driver “didn’t do anything wrong,” a Texas court of appeals affirmed a more than $100 million verdict against Werner.
On May 18, the 14th Court of Appeals in Texas ruled that Werner is liable for more than $100 million for a crash that killed one child and left another a quadriplegic.
The full court of appeals order stems from a lawsuit filed by the family of 7-year-old Zachary Blake and Brianna Blake. Zachary was killed in the crash with a Werner truck. Brianna, who was 12 at the time, was rendered a quadriplegic.
The Blakes on Dec. 14, 2014, were traveling east on Interstate 20 in Texas in a pickup truck driven by Zaragoza Salinas. Weather conditions began to worsen, coating the windshield of the pickup truck they were traveling in with ice. While traveling 50-60 mph, a car ahead of them began to fishtail. Salinas lost control and careened across a grass median, entering the westbound lanes.
At this time, Shiraz Ali was driving a truck for Werner going west on I-20.
Ali was driving below the speed limit when the pickup truck began to spin. Also present in the Werner truck was Jeff Ackerman, a more senior Werner driver-trainer.
The Blakes’ expert witness conceded that Ali’s reaction was “very quick” and “appropriate to the conditions.”
Despite the weather conditions, the Texas Department of Transportation determined it was safe enough to keep the interstate open.
In addition to Salinas making statements suggesting guilt and responsibility, a Texas Department of Public Safety trooper defended Ali’s actions. Trooper Villareal, a 17-year veteran who investigated the crash, concluded “this is truly an accident,” Ali “didn’t do anything wrong,” and there was nothing Ali “could have done to avoid the collision.” A higher-ranking trooper who approved the report concurred.
In July 2018, a jury found Werner 70% liable, Ali 14% liable, and Salinas 16% liable. The district court judged signed off on the jury award of nearly $90 million. After interest, Werner owes nearly $92 million while Ali owes nearly $13 million. LL