Plaintiff Gabriel Brandon Garzaa, a current part-time preloader and temporary cover driver, sued United Parcel Service Inc., alleging disability discrimination based on its failure to promote him or provide reasonable accommodations because of his disability. Garza asserted that UPS’ refusal to hire Garza in a Driver position is based on UPS’ written policy against hiring any person with a DOT hearing exemption as a Driver.
Plaintiff retained Dr. Jamie Dow as an expert to testify in support of their case and rebut these defenses. Defendant filed a motion to exclude the expert testimony of Dow.
Road Safety Expert Witness
Dr. Jamie Dow has developed a world-wide reputation as an expert on medical fitness-to-drive standards over the past twenty years.
He also conducted research on the effects of medical conditions on crash risk using a database containing complete medical and road safety records for 4.94 million Quebec drivers of whom 500 000 were commercial drivers.
He was the chair of the Medical Advisory Committee of the Canadian Council of Motor Transport Administrators (CCMTA) and of the sub-committee on Medical Advisory Boards and Licensing at the US Transportation Research Board.
Discussion by the Court
Dow’s opinion focused on whether there is a correlation between hearing impairment and the risk of motor vehicle crash. Dow’s opinion supported Plaintiff’s position that Defendant’s decision not to promote Plaintiff was based on discrimination and not safety concerns. It also rebutted Defendant’s business necessity defense.
Defendant argues that Dow’s opinions are irrelevant and will not assist the trier of fact because they are “contrary to findings the [Federal Motor Carrier Safety Administration (“FMCSA”)] made in the 1970s.” However, Defendant’s argument ignored the last 55 years in which the FMCSA has amended its findings and regulations regarding hearing impaired drivers. Dow’s opinion merely confirms the FMCSA’s own current research and findings.
The Court held that Dow’s opinion is based on sufficient facts and data. Along with his extensive background, Dow relied on the numerous documents and peer reviewed articles listed in his expert report.
Held
The Court denied the Defendant’s motion to exclude the testimony of Jamie Dow.
Key Takeaway:
Dow’s testimony is the product of reliable principles and methods in his field. Dow’s opinion reflects a reliable application of the principles and methods to the facts of the case.
Case Details:
| Case Caption: | Garza V. United Parcel Service, Inc. |
| Docket Number: | 1:23cv97 |
| Court Name: | United States District Court for the Southern District of Texas, Brownsville Division |
| Order Date: | July 17, 2025 |
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