In his cross-examination of Terry Emmert, attorney Laird Lucas asked Emmert, "Emmert is in the business of hauling heavy loads?" Emmert responded, "Yes." "And it's good business for you if you can open up a new corridor for hauling heavy loads?" Lucas asked. "Yes," Emmert responded.

Then Lucas asked Emmert, "Isn't it true that today Emmert has completed a haul of equipment about this big all the way from Oklahoma to a refinery in Montana?" Emmert said yes. Lucas then showed  on the big screen a website from the Billings Gazette, featuring the heading, "Movers haul big load to Lockwood refinery." The megaload in question was refinery equipment manufactured in Tulsa, Okla., and trucked without incident to an ExxonMobil refinery in Lockwood, Mont.

Lucas also asked Emmert what he meant by never having "lost" a load, and whether there had ever been accidents with large loads. "I'm sure there has been incidents," Emmert said. Lucas then asked Emmert about two major accidents another carrier, Mammoet, has had with megaloads in the past five months; that carrier is the one hired to haul the ExxonMobil megaloads on Highway 12. Emmert said his firm was hired to recover one of those, a giant tower that fell off its truck in Indiana.