A Tarrant County employee died in Fort Worth I-35 pileup. Could it have been avoided?
Tarrant County is facing criticism because a county court clerk was one of the six people who died Thursday in a pileup of over 100 vehicles on I-35W in Fort Worth.
Tiffany Louann Gerred, 34, of Northlake worked as an administrative court clerk in the 360th Family Court and was on her way to work when cars, pickup trucks and 18-wheelers collided on an icy half-mile section in the southbound express lanes of I-35W near downtown. Authorities said 133 vehicles were involved in the crash.
People took to Twitter and Facebook to criticize and ask why the county didn’t either have a delayed opening or close its offices. People also wondered why Gerred didn’t work from home.
Marty Leewright, an attorney with Bob Leonard Law Group in Fort Worth, said lawyers and residents are discussing whether the county is making decisions that consider the safety of its employees.
“Was it a wise decision to let this young woman come into work with icing conditions like that?” he said.
In law, Leewright said, predicting possible serious injury or death is called “reasonable foresee-ability.” In this weather situation, responsible employers delay opening for employees, clients or customers, he said.
The weather service had issued a winter weather advisory for North Texas through 3 p.m. Thursday, warning freezing rain could lead to icy bridges and roadways. People were advised to slow down and use caution while driving, and to prepare for possible power outages.
Leewright said the county should consider having a weather policy like Fort Worth schools, which have delays or close schools when there is inclement weather.
Attorney and author Courtney Dachelle Key wrote on Twitter, “It’s infuriating she had to go in as everything can easily be done over Zoom.”
Tarrant County District Clerk Thomas Wilder said he has allowed employees to come late to work on other occasions when the weather was bad, but never closed his offices over the weather. Wilder would not comment on anything else.
Wilder emailed staff Friday reminding them that it’s up to him if the District Clerk’s Office closes or not, according to a screenshot sent to the Star-Telegram. The email also told employees to make plans to deal with inclement weather expected in the next few days such as leaving for work early, taking alternate routes and listening to news stations for closures.
Tarrant County Judge Glen Whitley said what happened Thursday was a tragic accident, but the county’s policy is that the government doesn’t close. If employees don’t feel comfortable coming to work, they can use a vacation day and if they don’t have any, they still can stay home, but they won’t get paid and also won’t face reprimands.
“I don’t think our policy is going to change at all,” Whitley said. “That’s a policy that we’ve had when I came to the court 24 years ago and I think we’ll continue.”
In a Facebook post on Saturday, Fort Worth attorney Susan Smith criticized the policy and said “the most dangerous phrase in the English language is ‘We’ve always done it that way.’”
“Your policies are outdated and need to change,” Smith wrote.
In a comment on Smith’s Facebook post, Wilder wrote that “the long running feud between some county employees regarding their wish for a free ice day was rejected long ago.”
“You are woefully uninformed about the essential nature of my office in particular and other County departments who must remain open even if at a reduced staffing,” he wrote.
In the post, Wilder also claimed he was reminded by the county’s district attorney that it is illegal to give employees a day off due to inclement weather. But, the district attorney contradicted Wilder. It is not against the law for the county, its courts and the District Clerk’s Office to close for inclement weather, a spokesperson for the county’s District Attorney’s Office said Saturday.
When U.S. Sen. John Cornyn was Texas attorney general, his opinion was that elected or appointed county officials could close their offices for part or all of a day due to bad weather or repairs and that the employee should still be paid. This opinion, written in October 1999, is the most recent opinion the Attorney General’s Office has had on the matter.
If the county’s policy were to change, it would have to be introduced to the Commissioners Court and they would have to vote on it. The county does have an inclement weather policy for the District Clerk’s Office.
In another email to staff on Friday, Wilder said Gerred was a “beacon of light with her energetic personality.”
Wilder also let his staff know that resources are available as they deal with the loss. Whitley said the county will do whatever is necessary to help Gerred’s family. A GoFundMe account has also been set up for Gerred, who had an 11-year-old daughter.
“In-short Tiffany was an amazingly beautiful person. Fiercely loyal to everyone blessed enough to be in her family, or to call her friend,” her family wrote on her GoFundMe page.
This story was originally published February 12, 2021 at 7:02 PM.
