The Arkansas Supreme Court has affirmed a jury verdict awarding $75 million in damages to six first responders who suffered permanent injuries after exposure to a toxic substance during a truck accident cleanup. The decision, delivered on November 5, 2026, affects the lives of the injured responders and highlights the responsibilities of companies transporting hazardous materials.

The case involves Old Dominion Freight Line, Inc., and its driver Aaron Marvell Foster, who appealed the verdict. The court ruled that the jury's findings were supported by substantial evidence, including expert testimony that linked the responders' injuries to their exposure to formic acid, a hazardous chemical carried by the truck involved in the accident.

Background

The dispute arose from a tragic accident on April 20, 2018, when a pickup truck collided head-on with an Old Dominion Freight Line tractor-trailer on Highway 70 in St. Francis County, Arkansas. The pickup driver, Charles Henley, was killed in the crash, which caused the truck to overturn and catch fire. The trailer contained a barrel of formic acid, a toxic substance.

Following the accident, six first responders—two law enforcement officers and four members of a towing crew—arrived at the scene. They reported experiencing severe health issues after inhaling fumes from the spilled formic acid. The responders filed a lawsuit against Old Dominion and Foster in July 2020, alleging negligence for failing to disclose the presence of hazardous materials.

The Ruling

The Arkansas Supreme Court ruled in favor of the responders, affirming the jury's verdict that found Old Dominion negligent. The court stated, "The jury was required to find that Old Dominion’s negligence was a proximate cause of appellees’ injuries." The ruling emphasized that the evidence presented at trial, including expert testimony about the health effects of formic acid exposure, was sufficient to support the jury's decision.

Appellants argued that the circuit court erred in several ways, including refusing to direct a verdict in their favor based on claims of insufficient evidence for proximate causation and preemption by federal law. However, the court found no merit in these arguments, affirming that the jury's findings were well-supported by the evidence presented during the trial.

Impact

This ruling has significant implications for the transportation of hazardous materials and the legal responsibilities of companies in similar situations. It underscores the importance of transparency regarding hazardous materials and the potential consequences of failing to disclose such information to emergency responders.

The decision may set a precedent for future cases involving toxic torts, particularly those concerning isolated exposure to hazardous substances. It highlights the necessity for companies to ensure the safety of first responders and the public when dealing with dangerous materials.

What's Next

Old Dominion Freight Line, Inc. may seek to appeal the ruling to the U.S. Supreme Court, but the likelihood of such an appeal succeeding remains uncertain. As of now, there are no related cases pending that directly connect to this ruling.