In this civil action, the Plaintiffs—Jacob Yoder, Shawn Yoder, and Natasha Yoder—brought various state-law claims against Conaway Racing & Trucking, LLC (“Conaway”); Aaron J. Pacheco; Builders FirstSource, Inc., Builders FirstSource-Atlantic Group, and Probuild Company, LLC (collectively, the “BFS Defendants”); and D.R. Horton, Inc., along with an unnamed John Doe Defendant, arising from a motor-vehicle accident between Jacob Yoder’s 1994 Ford Bronco and Conaway’s tractor-trailer that occurred on October 2, 2020.
The BFS Defendants filed a motion to exclude and/or strike the Plaintiffs’ liability expert Rose A. McMurray.
Traffic Safety Expert Witness
Rose Ann Ferrelli McMurray is a motor carrier safety expert providing advice and counsel to attorneys involved in motor carrier injury and death cases, as well as general consultant services. She is a former federal safety official with extensive knowledge of regulations and policies, and a lead official on traffic safety initiatives, including impaired driving occupant protection and speed management. She has held various volunteer leadership positions within the National Safety Council.
Discussion by the Court
In her expert report, McMurray described the regulatory framework for operating as a motor carrier in the United States and she addresses the specific facts of this case. In this regard, McMurray explained that she reviewed documents regarding the facts of this case, road safety reports, motor carrier policies and practices and that she applied her skills acquired during her tenure as a Chief Safety Officer for the FMCSA in reaching the expert opinions contained in her report.
Moreover, the Court found McMurray’s expert opinions relevant to the Plaintiffs’ negligent hiring and negligent entrustment claims in this case.
McMurray testified that the BFS Defendants failed to exercise due diligence in ensuring that they entrusted goods to a competent motor carrier and should be held responsible for their decision to do business with a ‘high-risk motor carrier.’
While the BFS Defendants understandably disagreed with McMurray’s expert opinions, they have not shown that her opinions are unreliable and should be excluded.
The BFS Defendants argue that McMurray’s expert report is unreliable and irrelevant, because: (1) the alleged Conaway speeding violations on the FMCSA website are not relevant to the October 2, 2020, Accident; (2) the expert report lacked details about the alleged insufficient Conaway driver credentials; (3) the report did not explain why Pacheco’s CDL license is insufficient to satisfy industry safety standards; (4) Conaway had insurance coverage at the time of the October 2, 2020, Accident; and (4) the term “high risk” carrier is not defined in the expert report. But these concerns largely reflect disagreements about the evidence in this case and the weight that should be given to McMurray’s opinions by the trier-in-fact.
As a result, the Court is satisfied that McMurray’s expert report met the above standards of reliability and relevance.
Held
The Court denied the BFS Defendants’ motion to exclude and/or strike the testimony of Rose McMurray.
Key Takeaway
A careful reading of the expert report of McMurray showed that the report and the opinions contained therein are based upon the factual evidence in this case, and the applicable motor carrier safety regulations and industry standards, and that McMurray has significant experience working in the area of motor carrier safety. And so, the Court declined to strike and/or exclude McMurray as an expert witness in this case.
Case Details:
| Case Caption: | Yoder V. Conaway Racing & Trucking, LLC |
| Docket Number: | 1:23cv1365 |
| Court Name: | United States District Court, Maryland |
| Order Date: | March 16, 2026 |
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