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Peter Chisdock and Sandra Chisdock v. Wanda Monk and Alabama Motor Express

December 16, 2011

PETER CHISDOCK AND SANDRA CHISDOCK, PLAINTIFFS
v.
WANDA MONK AND ALABAMA MOTOR EXPRESS, DEFENDANTS



The opinion of the court was delivered by: Judge James M. Munley United States District Court

Judge Munley

MEMORANDUM

Before the court for disposition is plaintiff's motion in limine to exclude opinion testimony of Michael Lutz and/or Joe R. Meseda. The matter has been fully briefed and is ripe for disposition.

Background

This action involves an accident between an automobile and a tractor trailer. Defendants, the tractor trailer driver and the company that employed her, hired Lutz and Meseda, who are engineers, as accident reconstructionists. They authored a report and made certain conclusions to which plaintiffs object. They object to opinions involving the following:

1) the accuracy of Defendant Monk's ICC logs;

2) Defendant Alabama Motor Express's ("AMX") failure to audit Monks' logs;

3) Federal Motor Carrier Safety Regulations;

4) the manner in which the missing ECM would have worked on the tractor;

5) Federal Regulations regarding EMC downloads;

6) Mr. Guntharp's "conduct" or lack thereof;

7) the manner in which defendants' failure in record keeping affected Guntharp;

8) whether the log misstatement caused the collision; and

9) whether Defendant AMX's failure to audit caused the collisions. (Doc. 59, ...


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