U.S. District Judge D.P. Marshall Jr. issued the order on April 16, 2026, in case No. 4:23-cv-01095, effectively stripping away other direct-liability theories against the defendant.
The court also granted the motion for partial summary judgment on punitive damages as modified, dismissing that claim without prejudice. Judge Marshall reserved the right to revisit the punitive damages issue at trial after Phinney rests.
The ruling addressed several Daubert motions regarding expert witnesses. The court partly granted and mostly denied the motion challenging Dorrity, ordering him to produce all data supporting his opinions by May 14, 2026.
Dorrity must also make himself available for a prompt follow-up deposition regarding the newly produced information at Phinney’s expense. If he fails to comply, he is barred from testifying to any opinion for which he has not provided supporting data.
Regarding expert Hickman, the court partly granted and mostly denied the challenge to his testimony, instructing him to stay within his area of expertise and prohibiting him from testifying about a "made-up term."
The motion challenging expert McDaniel was denied entirely.
The John Doe Motor Carriers defendants were dismissed without prejudice because the time to amend the complaint had passed and they had not been identified.
The court denied the motion to bifurcate as moot, noting the parties had agreed on a bifurcation plan if the case proceeded to trial.
Any motion regarding spoliation is due by May 5, 2026, with responses due by May 26 and replies by June 9. The court requested a clear timeline of events regarding the spoliation allegations.
The parties have agreed to a settlement conference, which the court intends to refer to a U.S. Magistrate Judge after ruling on the spoliation motion.
If the case does not settle, Greenwood must produce its financial records thirty days before trial, subject to the protective order, as a hedge against the potential reinstatement of punitive damages.