Trucking Expert’s Opinions on Driver Negligence Excluded
Posted on June 18, 2025 by Expert Witness Profiler
This lawsuit stemmed from a three-vehicle rear-end collision that occurred on Loop 1604 in Bexar County, Texas, on September 28, 2022. At the time, Plaintiff Bobby Mutz was driving a GMC truck behind Plaintiff Casey Eggleston, who was operating a Jeep Bronco. Both Plaintiffs had stopped due to traffic ahead. Defendant Tatevos Isakhanyan, who was driving an 18-wheeler owned and operated by Defendant TSH Trucking Inc. (“TSH”), failed to stop in time and struck the rear of Mutz’s vehicle, which in turn caused Mutz to collide with Eggleston’s vehicle.
Plaintiffs designated Kerry V. Nelson as a “truck and safety expert” expected to testify on fleet vehicle safety, commercial driver training, compliance with Department of Transportation (“DOT”) regulations, and causation.
Defendants filed a motion to strike Nelson’s testimony, challenging both his expert qualifications and the reliability of his opinions on causation.
Trucking Expert Witness
Kerry V. Nelson is an expert in the field of fleet vehicle and commercial vehicle safety, compliance as well as fleet vehicle management. He is also a former highway patrol officer with the Arizona Department of Public Safety.
Discussion by the Court
Defendants contended that Nelson’s testimony should be excluded for two main reasons: (1) he was not an accident reconstructionist and therefore was not qualified to testify on matters related to causation; and (2) his opinions were unreliable because they had not been tested or peer-reviewed and were based solely on his review of the police report, deposition testimony, and relevant regulations.
In prior cases, Nelson was allowed to testify about the general obligations of commercial motor vehicle operators; however, he was not allowed to testify specifically about whether the Defendants had failed to meet those obligations. The Court found no reason to depart from its rulings limiting Nelson’s testimony in those cases.
Held
The Court granted in part and denied in part the Defendants’ motion to strike Kerry Nelson’s testimony.
Key Takeaway:
Defendants did not appear to object to Nelson’s testimony regarding DOT regulations in general; rather, their objections focused on his opinions about whether they had complied with those regulations.
Consistent with prior rulings, the Court permitted Nelson to speak only on general commercial vehicle operator obligations—not on whether Defendants violated those obligations.
Case Details:
| Case Caption: | Eggleston Et Al V. TSH Trucking, Inc. Et Al |
| Docket Number: | 5:23cv1486 |
| Court Name: | United States District Court, Texas Western |
| Order Date: | June 11, 2025 |
