This case stems from a very minor rear-end motor vehicle accident on March
26, 2021, which resulted in slight bumper damage to Plaintiffs’ truck. Defendant Ryan Transport employed Defendant Cummings and was under dispatch for Defendant Lenk Express at the time of the subject accident.
To begin with, Plaintiffs retained and identified Linda Day to testify, in essence, that Defendant Cummings did not follow trucking industry standards in the operation of his vehicle and that Defendants Lenk Express and Ryan Transport did not follow trucking industry standards in their training of Defendant Cummings.
Defendants filed a motion to exclude the opinions of Plaintiffs’ expert Linda Day under Federal Rule of Evidence 702.
Transportation Safety Expert Witness
Linda Day has been involved in various aspects of the transportation and warehousing industry since 1984. She has a master’s degree in Organizational Management with a specialization in Leadership. She has 30 years of experience working in various positions within the transportation industry.
Discussion by the Court
First, the Court held that a jury does not need to be told by an expert witness that a driver should look for traffic or not follow too closely and jurors do not need an expert to tell them that by failing to stop and rear-ending the Plaintiffs that Defendant Cummins was not observing the standard of care required by the driver of a motor vehicle on Georgia’s public road.
Second, the Court added that her opinions consist of abstract propositions applicable to any accident but just not applicable to the particular facts of this case other than the fact that the accident happened, which is undisputed. Her opinions rely solely on the information contained in the police report for the subject accident. She has no opinions on the particular facts involved in the subject accident or why Defendant Cummings failed to stop.
Held
The Court granted Defendants’ motion to exclude the opinions of Plaintiffs’ expert Linda Day under Federal Rule of Evidence 702.
Key Takeaway:
The Court found that Linda Day’s opinions consisted of abstract propositions and were based on facts contained in the police report for the subject accident.
Case Details:
| Case Caption: | Perry Et Al V. Cummings Et Al |
| Docket Number: | 1:22cv3860 |
| Court: | United States District Court, Georgia Northern |
| Order Date: | May 6, 2024 |
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