Daubert watch: Damages testimony based on history of loss not sufficient

Case: Webb vs. Braswell, Mississippi, Supreme Court


Economic Testimony inadmissible.

Case Summary:

The reviewing court ruled that the testimony was proffered for one purpose, to show damages of lost profits as a result of unplanted crops. The plaintiffs (Webbs) brought this testimony forward without ever establishing that they were profitable. Rather, the Webbs had been farming and operating at a loss in the years prior to the farming year which was the subject of this litigation.

Therefore, the amount of damage allegedly resulting from the unplanted crops was not reasonably ascertainable based on the Webbs' past experience, as the rules required. This being the case, any testimony to prove damage to the Webbs was tenuous at best and failed the reliability prong of the Daubert/McLemore test.

See dauberttracker.com for more details....