Werner is beneficiary of the voice of reason.

Is that bad? I think will.

 

Sorry to hear that. He built one heck of an empire.

 

What's your problem dude? Folks that dont have receipts or no how to debate always gotta go personal I swear.

 

You could use the same argument on the 4 wheeler operator. Had she not been driving, there wouldn't have been an accident. I could say that Werner was operating with greater purpose since it was job related but I'll take a higher road because I dont know the lady's purpose. If Werner weren't some massive company, I doubt there's even a lawsuit.

 

She tried to use the argument that he should not have been driving. Well using that excuse she should not have been driving either considering she was driving coming out of the ice storm in a very reckless manner…

 

Werner should now turn tables and sue them.....

 

The argument was much more nuanced than "Werner shouldn't have been there".

It was "Werner was negligent in training and supervising the trainee driver and coerced the trainee driver into driving when he shouldn't have". Werner failed to put forth a decent argument to counter - they relied on the Admission Rule, which is the idea that if an employer admits that an employee was acting in the course and scope of his employment, they can generally prevent plaintiffs from pursuing derivative theories of negligence against the employer. The Admission Rule is far from 'black letter law', and that's how the plaintiff was able to introduce all sorts of spurious proximate causes that muddied the waters.

In short, the plaintiff made the case about Werner's training curriculum and standards, and Werner's lawyers were caught unprepared. They thought they had an easy win based on the facts and paid for it.

 

The whole problem with the thing was Warner was not actually in the affected area until just almost immediately prior to the accident. She was driving from the area and driving recklessly… I’m glad the Texas Supreme Court actually has a lot of sense to say that this was one hell of a frivolous lawsuit to say the least… And I hope Warner and the affected driver go after her and the law firm for all expenses to send a loud clear message that this type of frivolous behavior isn’t going to be tolerated

 

The problem is that Werner's lawyers SCREWED UP. They assumed they'd be protected by the Admission Rule, which is a hazy area that the Texas Supreme Court neatly sidestepped here. Once that failed, Werner put up a piss poor defense while the Plaintiff's lawyer put on a show straight out of Hollywood.

 

I wonder where that Werner driver is these days.