--- title: "Towing Expert Was Allowed to Opine on Practices Relevant to Invoicing" meta: "og:description": "The towing expert was allowed to opine on applicable industry standards and practices relevant to billing rates, charging, and invoicing for towing and recovery of commercial motor vehicles" "og:title": "Towing Expert Was Allowed to Opine on Practices Relevant to Invoicing" author: "Shuva Guha Thakurta" description: "The towing expert was allowed to opine on applicable industry standards and practices relevant to billing rates, charging, and invoicing for towing and recovery of commercial motor vehicles" --- # Towing Expert Was Allowed to Opine on Practices Relevant to Invoicing Posted on August 18, 2026 by Shuva Guha Thakurta Plaintiff Vinny's Towing & Recovery ("Vinny's Towing") brought suit against KBI Solutions LLC ("KBI") and JB Hunt Transport, Inc. ("JB Hunt" or "JBH") (collectively "Defendants") alleging claims under Maryland law arising from the towing and recovery of an overturned tractor trailer. JB Hunt has filed two motions to strike or, alternatively, exclude [Wayne P. Sullivan](https://expertwitnessprofiler.com/expert-witness/Wayne-Sullivan/1578544)'s expert testimony on behalf of Vinny's Towing under [Federal Rule of Civil Procedure 37(c)](https://www.law.cornell.edu/rules/frcp/rule_37) and under [Federal Rules of Evidence 702](https://www.law.cornell.edu/rules/fre/rule_702#:~:text=Rule%20702%20sets%20forth%20the,is%20a%20relatively%20narrow%20inquiry.) and [403](https://www.law.cornell.edu/rules/fre/rule_403#:~:text=The%20court%20may%20exclude%20relevant,or%20needlessly%20presenting%20cumulative%20evidence.). ![Towing Expert Was Allowed to Opine on Practices Relevant to Invoicing](https://cdn.jurimatic.com/images/blog_pic_640X480_2026_08_18T200404_852.webp) ## **Towing Expert Witness** [Wayne P. Sullivan](https://expertwitnessprofiler.com/expert-witness/Wayne-Sullivan/1578544) is an expert in the field of towing and recovery and has 50+ years’ experience as a Towing / Recovery operator. [Want to know more about the challenges Wayne Sullivan has faced? Get the full details with our Challenge Study report](https://expertwitnessprofiler.com/order/add?eId=1578544&pId=3). ## **Discussion by the Court** ### A. Exclusion under Federal Rule of Civil Procedure 37 Vinny's Towing's [Rule 26(a)(2)](https://www.law.cornell.edu/rules/frcp/rule_26) disclosures were due on November 10, 2025. According to JB Hunt, Vinny's Towing produced its first expert disclosure two days late—on November 12, 2025. This expert report consisted of "a single page" with "a word-for-word recitation of the narrative section of Plaintiff's invoice" along with a sentence stating that Sullivan "reviewed this invoice and certify the charges are reasonable and customary within the geographical area." The Court agreed with JB Hunt that this expert report was both untimely and insufficient. Vinny's Towing provided no excuse for its untimeliness in submitting the report. Moreover, Sullivan's first expert report fails to comport with the basic requirements of Rule 26(a)(2), as it does not include, at minimum a "complete statement of all opinions the witness will express and the basis and reasons for them," or "the facts or data considered by the witness in forming them." As such, Sullivan's first expert report is insufficiently detailed to meet the 'requirements of Rule 26(a)(2)(B). In recognition of the deficiencies of the first report, Vinny's Towing submitted a second, more fulsome expert report a week later, on November 19, 2025. Of course, Sullivan's second expert report was still untimely, but Vinny's Towing characterizes the second report as a supplementation under Rule 26(e). JB Hunt contended that the second expert report is still insufficient because it does not include a complete list of cases in which Sullivan has testified as an expert in the past four years. JB Hunt sought to exclude Sullivan's testimony in its entirety. The Court concluded that exclusion is too harsh a sanction for the deficiencies described above. Several factors weigh in favor of Vinny's Towing. Both parties agreed that Sullivan's expert testimony is essential to Vinny's Towing's claims. Any surprise to JB Hunt is minimal since Vinny's Towing submitted its expert reports only slightly after the deadline, and JB Hunt has had the opportunity to depose Sullivan on the contents of both reports. Moreover, any surprise could be cured by ordering Sullivan to provide a fulsome case list to JB Hunt, if JB Hunt were to request one. However, the fifth factor weighs in favor of JB Hunt. Vinny's Towing's provides no justification for the delay in submitting its first expert report. It, however, contended that Sullivan's second expert report was not late, but a supplementation under Rule 26(e). The Court found this explanation lacking. Sullivan's second expert report is not a true supplementation, i.e., one that corrects inadvertent errors or omissions, but instead an attempt at "an end-run around the normal timetable for conducting discovery" through "supplementing an expert report with a new and improved expert report." Nor has Vinny's Towing attempted to explain its failure to provide information regarding Sullivan's prior testimony as required by the Federal Rules. Nevertheless, weighing the factors overall, the Court concluded that these deficits did not warrant the harsh sanction of striking Sullivan's expert testimony in its entirety. Given that exclusion of Sullivan's testimony is particularly harsh and may be outcome determinative, JB Hunt's motion to exclude his testimony under Rule 37(c) is denied. ### **B. Exclusion under the Federal Rules of Evidence** JB Hunt argued that Sullivan's expert testimony is not reliable because his "'opinions' are not based on any applicable facts or data," he "conducted no investigation," and he "did not use any methodology in reaching his opinion." Here, neither party disputes that Sullivan possesses general expertise about the towing industry based on his over fifty years of experience. Sullivan's expert report stated that he considered towing industry standards for billing over the years, along with photos of the accident scene, the weather the day of the recovery, and his own experience, to conclude that Vinny's Towing's invoice for towing and recovery of the overturned tractor trailer was reasonable. Although JB Hunt takes issue with what they view as holes in Sullivan's expert opinion (arguing Sullivan "completely ignored the police report, police bodycam footage, and police dashcam footage"), vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence rather than exclusion. Accordingly, the Court concluded that Sullivan's testimony is sufficiently reliable and will not be excluded for that reason. JB Hunt also briefly asserted that Sullivan's testimony should be excluded under Federal Rule of Evidence 403 because it is "conclusory, speculative, and unsupported" and "has the potential to be both powerful and quite misleading." JB Hunt failed to explain how Sullivan's testimony would be misleading to a jury except to assert that it is "conclusory, speculative, and unsupported." Without more, the Court cannot conclude that exclusion is appropriate under Rule 403 at this time. ## **Held** The Court denied****JB Hunt's motions to strike the testimony of Wayne P. Sullivan. ## **Key Takeaway** In order for an opinion to be reliable, it must be based on sufficient facts or data, be the product of reliable principles and methods, and reflect a reliable application of the principles and methods to the facts of the case. Furthermore, the court need not determine that the expert testimony a litigant seeks to offer into evidence is irrefutable or certainly correct. ## **Case Details:** | Case Caption: | Vinny's Towing & Recovery V. Kbi Solutions LLC | | --- | --- | | Docket Number: | 1:24cv1044 | | Court Name: | United States District Court for the District of Maryland | | Order Date: | August 13, 2026 | --- ## **You Might Also Like** ![Towing Expert Was Allowed to Opine on Practices Relevant to Invoicing](https://cdn.jurimatic.com/images/blog_pic_640X480_2026_08_18T200404_852.webp) [**Towing Expert Was Allowed to Opine on Practices Relevant to Invoicing**](https://expertwitnessprofiler.com/towing-expert-was-allowed-to-opine-on-practices-relevant-to-invoicing/towing-expert-was-allowed-to-opine-on-practices-relevant-to-invoicing)![Market Research Expert Allowed to Opine on Consumer Perception](https://cdn.jurimatic.com/images/blog_pic_640X48000.webp) [**Market Research Expert Allowed to Opine on Consumer Perception**](https://expertwitnessprofiler.com/towing-expert-was-allowed-to-opine-on-practices-relevant-to-invoicing/market-research-expert-allowed-to-opine-on-consumer-perception)![Law Enforcement Expert Not Allowed to Opine on Stated Reasons for Firing ](https://media.jurimatic.com/images/blog_pic_640X4803.webp) [**Law Enforcement Expert Not Allowed to Opine on Stated Reasons for Firing **](https://expertwitnessprofiler.com/towing-expert-was-allowed-to-opine-on-practices-relevant-to-invoicing/law-enforcement-expert-not-allowed-to-opine-on-stated-reasons-for-firing-)![Marine Operations Expert Partly Allowed to Opine on the Prospects of the Plaintiff](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_14T191254_466.webp) [**Marine Operations Expert Partly Allowed to Opine on the Prospects of the Plaintiff**](https://expertwitnessprofiler.com/towing-expert-was-allowed-to-opine-on-practices-relevant-to-invoicing/marine-operations-expert-partly-allowed-to-opine-on-the-prospects-of-the-plaintiff)![Life Care Planning Expert Allowed to Opine on the Costs of Specialized Healthcare](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_14T161208_6371.webp) [**Life Care Planning Expert Allowed to Opine on the Costs of Specialized Healthcare**](https://expertwitnessprofiler.com/towing-expert-was-allowed-to-opine-on-practices-relevant-to-invoicing/life-care-planning-expert-allowed-to-opine-on-the-costs-of-specialized-healthcare)