Safety Expert Witness’ Lack of Consideration of Certain Documents did not Render his Opinion Unreliable
Posted on February 5, 2025 by Expert Witness Profiler
This lawsuit arises out of the designation of Sassine Avenue as a “no truck route.” Plaintiff, Kirk Thomas, engages in various agricultural and commercial pursuits, many of which involve the use of his property. Consequently, commercial vehicles commonly travel to and from Thomas’s property.
Plaintiffs Thomas and KT Trucking and Cattle, LLC, asserted that the only safe way for a commercial vehicle to access Thomas’s property is via Sassine Avenue in Port Arthur, Texas. Port Arthur, however, has designated Sassine Avenue as a “no truck route,” which prohibits large commercial vehicles from using Sassine Avenue to enter Thomas’s property.
On March 15, 2024, Plaintiffs designated Raegan Droddy as a testifying expert. Plaintiffs anticipated that Droddy’s testimony would demonstrate that Sassine Avenue provides the only means for commercial vehicles to access Thomas’s property safely.
Defendants maintained that Droddy should be struck as an expert because he is not qualified to opine on the matters contained in his report. Alternatively, Defendants asserted that Droddy’s report was unreliable because it was based on insufficient facts and data. Therefore, Defendants asked this Court to strike Droddy as an expert.
Safety Expert Witness
Raegan Droddy is a retired Texas State Trooper with approximately 24 years of experience working for the Texas Department of Public Safety (“DPS”).
For 13 of his 24 years of experience, Droddy worked in the Commercial Vehicle Enforcement Service. Droddy also served as a crash scene investigator and taught multiple classes on Texas traffic laws and basic crash Investigations. Droddy currently owns and operates Droddy DOT Safety Consulting, Inc., where he conducts safety assessments and audits, provides safety presentations for trucking companies, and reviews company policies, procedures, shipping papers, driver qualifications, and crash paperwork.
Discussion by the Court
Droddy’s Qualifications
Defendants contended that Droddy was not qualified to testify as an expert on the subject matter contained in his report because he did not have the requisite experience, education, or knowledge. Defendants asserted that Droddy’s report consisted of “numerous engineering opinions regarding the safety and availability of access to Thomas’s property.” Droddy did not have an engineering degree. Consequently, Defendants claimed that Droddy is not qualified to testify on the engineering opinions contained in his expert report.
Plaintiffs successfully neutralized Defendants’ concerns regarding Droddy’s qualifications in one broad-sweeping stroke. Droddy’s report did not contain opinions that require him to have an engineering degree. Droddy bases his report on his knowledge and experience that he acquired during 24 years of service with the DPS. Droddy’s report focused on basic measurements, observations, and data. Droddy’s report then analyzed those facts under the purview of his specialized knowledge of commercial vehicles, traffic regulations, and highway safety hazards. Droddy did not attempt to opine on the structural integrity of the road, nor does he attempt to apply complex mathematical formulas beyond his training and expertise. At its core, Droddy’s report opined on matters of traffic safety, not matters of engineering. Moreover, an engineering degree is not required to evaluate the safety of certain vehicular maneuvers.
Furthermore, the Court held that Plaintiffs have met their burden of demonstrating, by a preponderance of the evidence, that Droddy is qualified to testify on matters of traffic safety and commercial vehicles. Droddy has extensive education regarding commercial vehicles, including his attendance at the Commercial Vehicle Crash Inspection School as recently as 2023. Consequently, in light of Droddy’s extensive experience with commercial vehicles, commercial crash scene investigations, and highway law enforcement, the Court concluded that Droddy is qualified to testify on matters of traffic safety.
Droddy’s Reliability
Droddy discussed safety issues associated with commercial vehicles utilizing different roads to access Thomas’s property. As a result, the Court must evaluate whether Droddy’s report is predicated on sufficient facts and data. In his report, Droddy relied on his personal observations of Spur 93 and Sassine Avenue, the measurement of a KT Trucking vehicle, the width of the proposed access point on Spur 93, the relevant speed limits and traffic signals, photographs of Thomas’s property, online maps, and the Texas Department of Transportation and Safety’s most recent average daily traffic count for Spur 93. A review of Droddy’s report demonstrated that he methodically gathered facts to form the basis of his opinion. Additionally, Droddy’s report outlines the interplay between various facts and states the impact of those interactions on the safety of certain vehicular maneuvers. Accordingly, the analytical gap between the facts Droddy gathered and the conclusions he reached is narrow. Therefore, Plaintiffs have established that Droddy’s report is substantiated by sufficient facts and data.
Defendants, however, contended that Droddy’s report was unreliable because Droddy admitted that he was unsure whether he reviewed a map of Port Arthur’s “no truck” routes and that he did not review its zoning ordinances. Defendants also emphasize that Droddy failed to interview anyone besides Thomas when gathering facts and data.
The Court held that Droddy’s lack of consideration of certain documents and sources did not render his opinion unreliable.
Held
The Court denied the Defendants’ motion to strike Plaintiffs’ expert Raegan Droddy.
Key Takeaway:
- Droddy is qualified to testify on matters of traffic safety considering his extensive experience with commercial vehicles, commercial crash scene investigations, and highway law enforcement.
- Droddy’s report outlines the interplay between various facts and states the impact of those interactions on the safety of certain vehicular maneuvers. Accordingly, the analytical gap between the facts Droddy gathered and the conclusions he reached is narrow. The Court held that Droddy’s lack of consideration of certain documents and sources did not render his opinion unreliable.
Case Details:
| Case Caption: | Thomas V. City Of Port Arthur, Texas |
| Docket Number: | 1:23cv282 |
| Court: | United States District Court for the Eastern District of Texas |
| Order Date: | January 31, 2025 |
