Expert Witness Blog
Summary: Bus & Truck Safety/Accident Expert Witness testimony is allowed because the court determined that the expert is qualified to offer an opinion on whether the FMCSR applies to the driver of the truck.
Facts: This case (Brown v. M and N Eaves et al – United States District Court – Eastern District of Texas – December 19, 2022) involves a car accident with a commercial vehicle. The plaintiff, Lisa Brown, alleges that the defendant should be liable for negligent entrustment, and negligent supervision, retention, and training. The plaintiff hired Bus & Truck Safety/Accident Expert Witness Roger Allen to provide expert witness testimony. The defendant filed a motion to exclude this expert from testifying.
Discussion: The defendant argued that Mr. Allen is not qualified to offer an opinion in this case because he does not have adequate training and education in the area of Federal Motor Carrier Safety Regulations. The defendant also argued that Mr. Allen’s opinion that the FMCSR applies to Mr. Eaves is an assumption that is not based on facts or evidence in this case. The plaintiff replied that Mr. Allen is qualified to offer an expert opinion in this case and that his opinions are reliable.
The court opines that Mr. Allen’s CV shows his extensive experience as a commercial driver as well as a safety director, transportation manager, and truck broker. Thus, the court opines that Mr. Allen is qualified to offer expert testimony in this case. In addition, the court notes that any discussion about whether the FMCSR applies to Mr. Eaves is best brought up during cross-examination.
Conclusion: The motion to exclude the expert witness testimony of Roger Allen is denied.