Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hood v. Sellers

United States District Court, M.D. Pennsylvania

July 16, 2018

CHRISTOPHER HOOD, Plaintiff,
v.
TERRENCE SELLERS and CASSIDYS TRANSFER, Defendants.

          MEMORANDUM

          JOSEPH F. SAPORITO JR. UNITED STATES MAGISTRATE JUDGE.

         Before the Court is the Defendants' Motion in Limine to Preclude the Testimony of Plantiff s Expert, Ken Lacey. (Doc. 72). The defendants seek to exclude Lacey's expert testimony on the ground that it is based largely on proscriptive standards for the safe operation of a commercial tractor-trailer truck set forth in the New York Commercial Drivers Manual (the "New York Manual"). In particular, they contend that the New York Manual does not carry the force of law or otherwise establish an applicable standard of care.

         It is beyond dispute that the Federal Motor Carrier Safety Regulations do carry the force of law. These regulations provide that drivers of commercial motor vehicles ("CMVs") must exercise "extreme caution" when hazardous conditions-such as snow or ice-adversely affect visibility or traction. 49 C.F.R. § 392.14. The regulations do not, however, elaborate upon the term "extreme caution."

         As the parties acknowledge, the regulations require each state to promulgate a driver information manual, pre-approved by the Federal Motor Carrier Safety Administration ("FMCSA"), and provide it to all commercial drivers license ("CDL") applicants. See 49 C.F.R. § 383.131(a). These manuals must be comparable to a model commercial drivers manual developed by the American Association of Motor Vehicle Administrators, which has been approved by the FMCSA and distributed to the state agencies that license CMV drivers. See Id. § 383.131(a)(1). The manual is required to include "[t]he substance of the knowledge and skills that drivers must have, as outlined in subpart G of this part," as well as other information on the CDL testing and licensing process. Id.

         While the federal regulations do not explicitly incorporate the contents of a particular state's drivers information manual, subpart G (referenced above) explicitly mandates that "[a]ll drivers of CMVs must have the knowledge and skills necessary to operate a CMV safely as contained in this subpart." 49 C.F.R. § 383.110. Subpart G further mandates that:

         All CMV operators must have knowledge of:

(1) Procedures for safe vehicle operations
(9) Speed management. The importance of understanding the effects of speed, including:
(i) Speed and stopping distance;
(ii) Speed and surface conditions;
(iii) Speed and the shape of the road;
(iv) Speed and visibility; and
(v) Speed and traffic flow.
(12) Extreme driving conditions. The basic information on operating in extreme driving conditions and the hazards encountered in such conditions, including . . . [b]ad ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.