This case arises out of injuries sustained by Brandon Jensen on his bicycle when he collided with a semi-truck who made a left turn through his lane of travel. The semi-truck was driven by Defendant Michael Beale. Beale was working for Crete Carrier at the time of the accident.
The Plaintiffs designated Larry D. Baareman as an expert in traffic reconstruction and transportation. The Defendants filed a motion in limine to exclude the testimony of Baareman.
Transportation Expert Witness
Larry Dale Baareman has several decades of experience driving trucks and training other truck drivers. He has taught State and Federal motor carrier regulations for over 32 years and is also a State of Michigan licensed CDL Instructor. He has 29 years of experience as a State of Michigan certified CDL Examiner.
Discussion by the Court
The Defendants maintained that Baareman’s testimony should be excluded because it duplicates other testimony, would be a waste of judicial economy, and consisted of conclusory opinions that are not properly within the scope of expert testimony that would aid the trier of fact.
Given Baareman’s qualifications and experience, the Court found that Baareman could properly offer his opinions about safety considerations while driving a truck, especially concerning left turns and the use of the truck horn during emergency situations.
But the Court directed the witness to avoid using the term “right-of-way.” The Plaintiffs’ accident reconstruction expert, Dr. Jay Przybyla, used this term while testifying on November 12, 2025, and the Court instructed the jury to disregard that testimony.
Whether Defendant Michael Beale should have yielded the right-of-way to Jensen is really a question about whether Jensen was “so close to the turning vehicle as to constitute an immediate hazard.” But this is a question of fact for the jury.
In addition, the application of right-of-way principles to the facts of this case is not so technical or difficult to synthesize that an expert opinion would aid the trier of fact. Accordingly, the Court found that expert witnesses should avoid opining about who had the right-of-way.
Held
The Court denid the Defendants’ motion in limine to exclude testimony from Larry Baareman.
Key Takeaway:
While the Court has allowed the parties to present accident reconstruction experts to offer their opinions about timing and distance, any opinions about who had the right-of-way would come perilously close to an opinion on the ultimate issue presented to the jury.
Case Details:
| Case Caption: | Jensen V. Crete Carrier Corporation |
| Docket Number: | 1:23cv105 |
| Court Name: | United States District Court for the District of Utah, Northern Division |
| Order Date: | November 17, 2025 |
Please refer to the blog previously published about this case:
Transportation Engineering Expert’s Testimony on Accident Reconstruction Admitted
