Court rejects request of Werner and driver for new trial

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U.S. Court of Appeals for the Fifth Circuit declined to grant Werner Enterprises and one of its drivers a new trial in an accident case involving a Texas Ranger who was injured while in a high-speed pursuit of suspected bank robbers. The court ruled that because the written report of the investigating officer points assigns fault to the Werner driver, there can be no “clear showing of an absolute absence of evidence,” which would be the standard for invalidating the jury’s verdict.

Werner and its driver did win a small victory as the court disallowed almost $30,000 of the $300,000 judgment that related to loss of future earnings.

For a copy of the appeals court decision, click here.