Texas Supreme Court Shields Home Depot (HD) From Liability in Werner (WERN) Fatal Crash

The Texas Supreme Court on May 15, 2026, ruled that Home Depot Inc. (NYSE: HD) cannot be held liable for a fatal crash involving a Werner Enterprises Inc. (NASDAQ: WERN) driver, blocking an expansion of shipper liability. The decision, issued one day after a separate ruling widened broker liability, affirms that hiring an independent contractor generally does not create a duty for the contractor’s torts. The April 2024 accident near Houston killed motorist Natalio Garcia when a Werner driver ran a red light while hauling Home Depot freight. Plaintiffs argued Home Depot should have known Werner employed reckless drivers, but the court found no specific duty existed, citing lack of control over the carrier’s operations. Justice John Phillip Devine wrote that imposing liability on passive shippers would be “unworkable and disruptive,” requiring retailers to investigate over a million federally regulated carriers. The ruling does not eliminate all shipper risk—liability remains where a shipper actively creates danger, as in a 2023 case involving improper freight securing. Werner declined comment, citing ongoing litigation.