The Eastern District of Arkansas partly granted and mostly denied three Daubert motions challenging expert witnesses in Phinney v. Greenwood Motor Lines Inc. Expert Dorrity must provide all data supporting his opinions by May 14, 2026, and submit to a follow-up deposition at plaintiff Malcolm Phinney's expense. Expert Hickman must stay within his area of expertise and cannot testify about his made-up term. The court denied the motion to exclude expert McDaniel.
The court mostly granted Greenwood's motion for partial summary judgment on direct liability, but allowed Phinney to proceed with an independent policies-and-procedures claim against Greenwood about general measures taken and not taken to prevent distracted driving. All other direct-liability claims were dismissed.
The court granted Greenwood's motion for partial summary judgment on punitive damages as modified, dismissing the claim without prejudice while reserving the right to revisit the issue at trial after Phinney rests. The court also dismissed the John Doe Motor Carriers without prejudice. The time to amend the complaint has passed and they have not been identified.
The parties have agreed to a settlement conference, which the court intends to refer to a magistrate judge after ruling on any spoliation motion due by May 5, 2026.