The Texas Supreme Court’s recent decision in Werner Enterprises, Inc. v. Blake (No. 23-0493) clarifies proximate causation in personal injury cases ensuring an appropriate bar for proving the causation element of a negligence claim. The Court reversed a nearly $90 million jury verdict in favor of the plaintiffs, hinged on a holding that the substantial factor element of proximate causation was not met in a deadly collision where a vehicle carrying the plaintiffs lost control on an icy road, crossed a wide median into oncoming traffic, and collided with an 18-wheeler operated negligently by the commercial truck driver. “Proximate cause is not established merely by proof that the injury would not have happened if not for the defendant’s negligence,” but rather also requires “proof that the defendant’s negligence was a substantial factor in causing the injury.” Werner Enterprises, Inc. v. Blake No. 23-0493, 2025 WL 2239275, at *1 (Tex. June 27, 2025).
Case Background
In December 2014, Trey Salinas was driving an F-350 pickup with passengers Jennifer Blake and her three children in Odessa, Texas. A winter weather advisory was issued warning that ice could accumulate on the roads and cause hazardous driving conditions. While driving down the interstate, Salinas lost control of his pickup and spun across a 42-foot grassy median...
