--- title: "Transportation Expert Allowed to Opine on Aluminum Loading" meta: "og:description": "The transportation expert was qualified to offer expert testimony on nuanced aluminum extrusion loading standards" "og:title": "Transportation Expert Allowed to Opine on Aluminum Loading" author: "Expert Witness Profiler" description: "The transportation expert was qualified to offer expert testimony on nuanced aluminum extrusion loading standards" --- # Transportation Expert Allowed to Opine on Aluminum Loading Posted on May 1, 2026 by Expert Witness Profiler This is a personal injury case arising from the death of Asa Eugene Parnell (“Parnell”). On July 8, 2024, Parnell and his co-worker picked up a pre-loaded flatbed trailer from Defendant Tower Extrusions, LLC’s (“Defendant”) facility in Wylie, Texas. Plaintiffs, relatives of Parnell, alleged that the trailer was illegally overloaded with thousands of pounds of aluminum, alleging negligence and negligence per se against Defendant. Defendant filed a motion to exclude the report of [Brooks Rugemer](https://expertwitnessprofiler.com/expert-witness/Brooks-Rugemer/1510505), a commercial trucking specialist retained by the Plaintiffs. Basically, Defendant argued that some of Rugemer’s opinions lacked a factual foundation, that Rugemer is unqualified, and that Rugemer’s opinions are unreliable or irrelevant. ## **Transportation Expert Witness** [Brooks Rugemer](https://expertwitnessprofiler.com/expert-witness/Brooks-Rugemer/1510505) has twelve years of experience as a professional tractor trailer driver, thirty years of experience with transportation-related accident investigations, and he is a Certified Director of Safety recognized by the North American Transportation Management Institute. [Get the full story on challenges to Brooks Rugemer’s expert opinions and testimony with an in-depth Challenge Study](https://expertwitnessprofiler.com/order/add?eId=1510505&pId=3). ## **Discussion by the Court** ### **A. Rugemer’s Opinions Regarding the Trailer Axle and Overweight Load** Defendant argued that no factual foundation supported Rugemer’s statement that “it was discovered” that Defendant overloaded the trailer. Defendant also argued that Rugemer applied the wrong weight formula because different axle configurations have different weight regulations. As to the first concern, the Court found that the challenge goes to the weight of Rugemer’s testimony, rather than admissibility. The second concern also goes to weight, particularly in light of the Court’s decision to grant summary judgment on the negligence per se theory of breach. ### **B. Rugemer’s Qualifications** Defendant also argued that Rugemer’s report and resume “did not demonstrate he is qualified to offer expert testimony on nuanced aluminum extrusion loading standards.” Defendant further argued that Rugemer’s reliance on “blogs” demonstrated his “lack of expertise in this area.” Even though his experience did not specifically relate to aluminum loading, after reviewing Rugemer’s qualifications, the Court found that he is qualified to testify as an expert in this case. Whether his lack of experience with aluminum casts doubt on his testimony is a matter for cross-examination. ### **C. Rugemer’s Methodology** The main methodology challenge is that Rugemer did not sufficiently discuss Parnell’s potential role in the accident, and that this deficiencydemonstrated that Rugemer did not apply a reliable methodology. The Court has already ruled that, notwithstanding Parnell’s duty to secure the cargo, Defendant had a duty to exercise reasonable care in loading the cargo—at least to prevent hidden and latent defects. The Court is not convinced that Rugemer and Defendant’s disagreements about which party had a duty or what regulations should have been followed warrant excluding Rugemer’stestimony. Defendant also argued that “unreliable methodology aside, Rugemer’s report is devoid of any independent or verifiable analysis supporting his conclusion; he merely assumes that Defendant loaded heavier bundles on top lighter bundles.” The Court found that these concerns go to the weight of Rugemer’s opinions. ### **D. Relevance of Failure to Warn Opinion** Defendant took issue with Rugemer’s statement that Parnell was not warned of the potential hazard of removing the belly straps that were securing the load. In Defendant’s view, the opinion is not relevant because “this is not a workplace injury.” The Court found that it is more likely than not that Rugemer’s testimony will be relevant and helpful for the jury. ## **Held** In short, the Court is persuaded that Brooks Rugemer is qualified as an expert under [Rule 702](https://www.law.cornell.edu/rules/fre/rule_702#:~:text=Rule%20702%20sets%20forth%20the,is%20a%20relatively%20narrow%20inquiry.), and that Rule 702’s prongs are established by a preponderance of the evidence. ## **Key Takeaway** An independent investigation is not required for an expert to pass muster under Rule 702 (particularly here, when the cargo at issue was delivered by the time Plaintiffs retained him), and whether Rugemer should have looked at different pictures or the characteristics of more loads is a matter for cross-examination. ## **Case Details:** --- ## **You Might Also Like** ![Transportation Expert Allowed to Opine on Aluminum Loading](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/05/blog-pic-640X480-2026-05-01T161455.855.jpg) [**Transportation Expert Allowed to Opine on Aluminum Loading**](https://expertwitnessprofiler.com/transportation-expert-allowed-to-opine-on-aluminum-loading/transportation-expert-allowed-to-opine-on-aluminum-loading)![Construction Management Expert Allowed to Opine on Project Delays](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-30T212052.222.jpg) [**Construction Management Expert Allowed to Opine on Project Delays**](https://expertwitnessprofiler.com/transportation-expert-allowed-to-opine-on-aluminum-loading/construction-management-expert-allowed-to-opine-on-project-delays)![Railroad Expert Was Not Allowed to Opine on Hand Brake](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-30T200224.043.jpg) [**Railroad Expert Was Not Allowed to Opine on Hand Brake**](https://expertwitnessprofiler.com/transportation-expert-allowed-to-opine-on-aluminum-loading/railroad-expert-was-not-allowed-to-opine-on-hand-brake)![Forensic Accounting Expert Not Allowed to Opine on Household Services](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480-2026-04-30T180651.514.jpg) [**Forensic Accounting Expert Not Allowed to Opine on Household Services**](https://expertwitnessprofiler.com/transportation-expert-allowed-to-opine-on-aluminum-loading/forensic-accounting-expert-not-allowed-to-opine-on-household-services)![Law Enforcement Expert Allowed to Opine on Penological Practices](https://ewp-blog.expertwitnessprofiler.org/wp-content/uploads/2026/04/blog-pic-640X480.jpg) [**Law Enforcement Expert Allowed to Opine on Penological Practices**](https://expertwitnessprofiler.com/transportation-expert-allowed-to-opine-on-aluminum-loading/law-enforcement-expert-allowed-to-opine-on-penological-practices)