The Arkansas Supreme Court upheld a $75 million jury verdict awarded to six first responders who suffered serious health issues after exposure to a toxic substance at the scene of a truck accident. The decision, delivered on November 5, 2026, confirms the jury's findings of negligence against Old Dominion Freight Line, Inc. and its driver, Aaron Marvell Foster, who failed to disclose the presence of hazardous materials.

This ruling is significant as it emphasizes the responsibilities of trucking companies in hazardous materials transportation and the rights of first responders who face dangers while performing their duties. The case arose from an incident in April 2018, when a truck carrying formic acid overturned, leading to the injuries of the responders involved.

Background

The parties involved in the case are Old Dominion Freight Line, Inc., a major trucking company, and its driver, Aaron Marvell Foster, who were the appellants, and six individuals who responded to a fatal accident involving the truck, including two law enforcement officers and four members of a towing crew. The appellees claimed that their injuries resulted from exposure to formic acid, a hazardous material, after the truck overturned and caught fire.

The accident occurred on Highway 70 in St. Francis County, Arkansas, when a pickup truck collided head-on with Foster's truck, causing it to spill its contents. Although the pickup truck driver was found to be solely responsible for the crash, the first responders were not informed of the hazardous materials on board until several hours after the incident. The appellees filed a lawsuit in July 2020, alleging negligence and seeking compensatory and punitive damages for their injuries.

The Ruling

The Arkansas Supreme Court ruled in favor of the appellees, affirming the jury's verdict that Old Dominion and Foster were negligent for failing to disclose the presence of formic acid at the accident scene. The court stated, "The jury was required to find that Old Dominion’s negligence was a proximate cause of appellees’ injuries." The court found substantial evidence supporting the jury's decision, including expert testimony linking the appellees' health issues to their exposure to the toxic substance.

In its opinion, the court addressed the arguments made by the appellants regarding the need for expert testimony to establish causation and the applicability of federal preemption laws. The court concluded that the circuit court did not err in denying the appellants' motions for a directed verdict based on these claims.

Impact

This ruling has significant implications for the trucking industry and first responders. It reinforces the legal obligation of trucking companies to disclose hazardous materials during transportation and the potential liability they face when failing to do so. The decision also highlights the importance of protecting those who respond to emergencies, ensuring that they receive necessary information to safeguard their health and safety.

Additionally, the ruling sets a precedent for future toxic tort cases, particularly those involving isolated exposures to hazardous materials, where the court found that traditional causation standards apply. This may influence how courts handle similar cases in the future, particularly regarding the burden of proof required from plaintiffs.

What's Next

The appellants have the option to seek further appeal, although the Arkansas Supreme Court's decision is typically final. Details regarding any related cases or pending appeals were not available in the court filing.