Maritime Expert Allowed to Opine on the Barge’s Condition

On September 28, 2020, HC&D and Cashman Equipment entered into a purchase and sale agreement for the offshore deck barge JMC 254, a 250-foot by 72-foot by 16-foot welded steel offshore deck barge.

HC&D alleged that it was induced to purchase the barge and sustained damages as a result of Cashman Equipment’s fraudulent misrepresentations.

Defendant filed a motion to exclude or limit the expert testimony of one of Plaintiff’s experts, Fred Rodolf.

Maritime Expert Witness

Fred Rodolf Jr. has worked in the commercial maritime industry since 1990. He holds a United States Coast Guard 500-Ton Master’s License and a 4,000 Horsepower Engineer’s License.

His professional experience includes vessel acquisition, brokerage, structural evaluation, interpretation of ultrasonic thickness surveys, coordination with classification societies, and oversight of structural steel renewal projects.

Get the full story on challenges to Fred Rodolf ’s expert opinions and testimony with an in-depth Challenge Study.

Discussion by the Court

Rodolf relied on a repair quote from a Mexican shipyard, ISP, referred to as the “ISP Quote,” which was a prominent and sometimes exclusive source for formulating his opinions on the condition, value, utility, and repair costs of the barge. Defendant sought to exclude Rodolf’s anticipated testimony to the extent that it relied on the third-party repair quote.

However, the Court was satisfied that the ISP Quote possessed at least the minimal reliability required to form the basis of Rodolf’s expert opinion.

Held

The Court denied Defendant’s motion to exclude or limit the expert testimony of Fred Rodolf.

Key Takeaway

Experts do not need to independently validate data upon which they rely if reliance on its accuracy is reasonable for experts in that field. Any expert retained to determine the condition and value of a vessel would certainly reasonably rely on a repair quote in forming an opinion on those topics.

Case Details:

Case Caption:	Hc&D V. Cashman Equipment Corp.
Docket Number:	1:22cv10224
Court Name:	United States District Court for the District of Massachusetts
Order Date:	May 08, 2026