Soto

INTRODUCTION

This action arises from a traffic collision at around midnight, on the Interstate

highway (I-10). One of Knight Transportation, Inc.’s tractor-trailer (big rig) trucks

1 rearended a white pickup truck plaintiff Conrado Soto (Soto) was towing in the slow

lane, up a hill. Soto appeals from judgment entered following nonsuit in favor of

defendants Knight Transportation, Inc. and its driver, Felipe Noriega (collectively,

Knight). Soto contends the trial court erred in precluding his experts, including treating

physicians, from testifying, resulting in nonsuit.

We conclude the trial court did not abuse its discretion in excluding Soto’s experts

from testifying on the ground Soto failed to serve a timely designation of expert

witnesses. Although the trial court erred in assuming Soto’s treating physicians were

barred from providing nonexpert percipient witness testimony, such error was harmless.

The judgment is therefore affirmed.

II

FACTUAL AND PROCEDURAL BACKGROUND

A little after midnight, on September 5, 2008, Soto was involved in a motor

vehicle accident on the I-10, in the number four lane. At the time, Soto was driving a

black Toyota pickup truck,…