By Kevin McDonald, Founding Partner, Werner Ayers & McDonald LLP
A recent Texas Supreme Court decision involving a “nuclear verdict” in a case tried in Ector County, Texas—a venue familiar to many EWTC member companies—has reshaped the legal landscape for businesses with transportation, field service, and other high-exposure operations. The case, Werner Enterprises, Inc. v. Blake, arose from a tragic accident on I-20 near Odessa, where a pickup truck lost control on icy roads, crossed a 42-foot-wide median, and struck a Werner 18-wheeler traveling lawfully in its own lane. A local jury awarded the plaintiffs more than $89 million in damages.
But in a major development, the Texas Supreme Court reversed, holding that even if the Werner driver was arguably negligent for driving too fast for icy conditions, his conduct was not a “substantial factor” in causing the injuries. The Court emphasized that the sole proximate cause of the crash was the other vehicle’s loss of control and incursion into Werner’s driving lane.
Why It Matters for Energy Companies
This ruling delivers much-needed clarity under Texas law and provides meaningful protection for companies that routinely face catastrophic risk claims in regions like the Permian Basin and beyond. As a former General Counsel who spent much of my career managing operational and legal risk in the energy sector, I know how quickly a field incident can escalate into a high-stakes legal battle—especially in jurisdictions where large verdicts are more common in serious injury cases.
Key Takeaways:
- Higher Threshold for Liability: The Court reinforced that being “in the chain of events” isn’t enough. Plaintiffs must show a defendant’s actions were a substantial factor—not just a condition that made harm possible.
- Limits on Employer Liability: The decision bars derivative claims (like negligent hiring or supervision) where the employee’s conduct was not itself a proximate cause. That’s critical for companies managing contractors, fleet drivers, and field crews.
- Stronger Defense Tools: Werner provides meaningful support for summary judgment motions and clearer jury instructions in negligence cases.
- Beyond Trucking: Though rooted in a commercial vehicle incident, this case has broader application—for example, in worksite injuries, subcontractor management, and field safety disputes—anywhere plaintiffs try to convert minor policy deviations into massive jury awards.
Context: A Timely Ruling Amid Rising “Nuclear Verdicts”
The Werner decision comes at a time when “atomic” or “nuclear” verdicts—jury awards exceeding $10 million—are increasing across the U.S., especially in industries like oil and gas. In 2024 alone, 135 such verdicts were reported, totaling $31.3 billion in damages. Many of these awards were based on emotional narratives rather than clear causation or egregious misconduct.
In high-stakes cases involving worker safety or alleged policy failures, juries across Texas have at times delivered large verdicts even where the causal link between a defendant’s conduct and the harm was tenuous or objectively questionable. This ruling reinforces that Texas law still demands a real legal connection between a defendant’s actions and the injury at issue.
Practical Impact for Oilfield and Energy Operations
- While all safety protocols should be rigorously followed, the Court emphasized that not every alleged misstep—on its own—will meet the legal threshold for causation.
- Contractor oversight and field policies must still be documented and enforced, but Werner helps draw a line between true legal fault and unfortunate circumstances.
- Litigation posture improves: This decision strengthens defenses in the early stages of litigation and may make courts more receptive to summary disposition of marginal negligence claims.
Bottom Line
For energy companies operating in regions like West Texas, where conditions are unpredictable and operations inherently risky, Werner is a critical step toward legal clarity. It reminds us that not every tragic outcome is a lawsuit waiting to happen—and that Texas law does not impose liability without real, substantial causation.
For companies with transportation, field services, or contractor-heavy operations, this decision offers practical guidance and legal clarity on how causation will be assessed in high-exposure claims. The Texas Supreme Court is reasserting that proximate cause matters, and reaffirms that liability should be grounded in a clear, provable connection between conduct and harm.
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Kevin McDonald is a founding partner of Werner Ayers & McDonald LLP and a former advisory board member of the Energy Workforce & Technology Council. A longtime general counsel and senior executive in the energy sector, he has spent much of his career helping companies manage, mitigate, and defend against operational and legal risk. He welcomes questions or feedback at kmcdonald@wamllp.law.
About Energy Workforce & Technology Council
Energy Workforce & Technology Council is the national trade association for the global energy technology and services sector, representing more than 650,000 U.S. jobs in the technology-driven energy value chain. Energy Workforce works to advance member policy priorities and empower the energy workforce of the future.
