---
title: "Transportation Safety Expert Witness’ Opinions Held to Consist of Abstract Propositions"
meta:
  "og:description": "Transportation Safety Expert Witness' Testimony is based on facts contained in the police report for the subject accident"
  "og:title": "Transportation Safety Expert Witness’ Opinions Held to Consist of Abstract Propositions"
  author: "Expert Witness Profiler"
  description: "Transportation Safety Expert Witness' Testimony is based on facts contained in the police report for the subject accident"
---

# Transportation Safety Expert Witness’ Opinions Held to Consist of Abstract Propositions

Posted on July 5, 2024 by Expert Witness Profiler

This case stems from a very minor rear-end motor vehicle accident on March26, 2021, which resulted in slight bumper damage to Plaintiffs’ truck. Defendant Ryan Transport employed Defendant Cummings and was under dispatch for Defendant Lenk Express at the time of the subject accident.

To begin with, Plaintiffs retained and identified Linda Day to testify, in essence, that Defendant Cummings did not follow trucking industry standards in the operation of his vehicle and that Defendants Lenk Express and Ryan Transport did not follow trucking industry standards in their training of Defendant Cummings.

Defendants filed a motion to exclude the opinions of Plaintiffs’ expert [Linda Day](https://expertwitnessprofiler.com/expert-witness/Linda-Day/1555801) under [Federal Rule of Evidence 702](https://www.law.cornell.edu/rules/fre/rule_702#:~:text=Rule%20702%20sets%20forth%20the,is%20a%20relatively%20narrow%20inquiry.).

## **Transportation Safety Expert Witness**

[Linda Day](https://expertwitnessprofiler.com/expert-witness/Linda-Day/1555801) has been involved in various aspects of the transportation and warehousing industry since 1984. She has a master’s degree in Organizational Management with a specialization in Leadership. She has 30 years of experience working in various positions within the transportation industry.

[Want to know more about the challenges Linda Day has faced? Get the full details with our Challenge Study report.](https://app.expertwitnessprofiler.com/login?eId=1555801)

## **Discussion by the Court**

First, the Court held that a jury does not need to be told by an expert witness that a driver should look for traffic or not follow too closely and jurors do not need an expert to tell them that by failing to stop and rear-ending the Plaintiffs that Defendant Cummins was not observing the standard of care required by the driver of a motor vehicle on Georgia’s public road.

Second, the Court added that her opinions consist of abstract propositions applicable to any accident but just not applicable to the particular facts of this case other than the fact that the accident happened, which is undisputed. Her opinions rely solely on the information contained in the police report for the subject accident. She has no opinions on the particular facts involved in the subject accident or why Defendant Cummings failed to stop.

## **Held**

The Court granted Defendants’ motion to exclude the opinions of Plaintiffs’ expert Linda Day under [Federal Rule of Evidence 702](https://www.law.cornell.edu/rules/fre/rule_702#:~:text=Rule%20702%20sets%20forth%20the,is%20a%20relatively%20narrow%20inquiry.).

## **Key Takeaway:**

The Court found that Linda Day’s opinions consisted of abstract propositions and were based on facts contained in the police report for the subject accident.

## **Case Details:**

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