Recreational Vehicle Expert’s Cost-of-Repair Opinion Admitted
Posted on June 6, 2025 by Expert Witness Profiler
Naomi and Christopher Pershing (and their revocable Pecan Trust) sought compensation from Nexus RVs, LLC and Navistar, Inc. for their recreational vehicle, which they called defective.
Nexus offered Thomas Fribley as an opinion witness. On March 14, 2025, the Pershings filed a motion to exclude an opinion from Fribley under Federal Rule of Evidence 702 and Daubert.
Recreational Vehicle Expert Witness
Thomas Fribley has over 28 years of experience with Coachmen Industries (another recreational vehicle company) where he held many roles in technical services, product evaluation, and sales. Since 2002, he has operated Fribley Technical Services, which offers expertise in RV inspections and technical services.
He has been a certified master RV service technician since 1993 (a level four certification), and he has assisted in the design, manufacture, and repair of RVs and the training of others.
Discussion by the Court
Fribley intended to offer a cost-of-repair opinion. He testified that the RV’s diminished value corresponded to the estimated cost of repairs—approximately $6,000. His assessment was ostensibly based on the condition of the vehicle at the time of his inspection, rather than at the time of its acceptance. Given this difference in timing, the Pershings argued that the opinion should be excluded.
The Pershings said that Indiana law limits damages for a warranty breach to “the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.”
Nexus argued that Indiana law recognized several alternative means for calculating damages so long as they are reasonable, including the cost of repair. The Court agreed.
The Court noted that the Pershings raised no doubts about his methods or bases. Moreover, the Pershings identified no late, extraneous, or prejudicial opinion of concern.
Held
The Court denied the motion to exclude the testimony of Nexus’ expert Thomas Fribley.
Key Takeaway:
A Court should exclude testimony unless it reliably speaks, without confusing or misleading the jury, on a relevant issue that the jury must decide. However, Fribley’s cost-of-repair opinion helped the jury decide an issue of consequence.
Case Details:
| Case Caption: | The Pecan Trust Et Al V. Nexus Rvs, LLC Et Al |
| Docket Number: | 3:22cv531 |
| Court Name: | United States District Court, Indiana Northern |
| Order Date: | June 04, 2025 |
