Hospital Corporation of America and Subsidiaries - Page 82

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          v. Laeisz, 896 F.2d 964, 967-968 (5th Cir. 1990); Twin City                 
          Plaza, Inc. v. Central Sur. & Ins. Corp., 409 F.2d 1195, 1200               
          (8th Cir. 1969); Graham, Federal Practice and Procedure, sec.               
          6641, at 251-252 (Interim ed. 1992).  An expert may base an                 
          opinion or inference on facts that the expert knows from first              
          hand observation, that are in the record and made known to the              
          expert, or that, although not in the record, are "of a type                 
          reasonably relied upon by experts in the particular field in                
          forming opinions or inferences upon the subject."  Fed. R. Evid.            
          703; see also Ramsey v. Culpepper, 738 F.2d 1092, 1101 (10th Cir.           
          1984); In re Aircrash in Bali, Indonesia on April 22, 1974, 684             
          F.2d 1301, 1314 (9th Cir. 1982); Baumholser v. Amax Coal Co., 630           
          F.2d 550, 552-553 (7th Cir. 1980).                                          
               Although otherwise inadmissible data underlying an expert's            
          opinion may be admitted at trial, the use of that data is limited           
          to explaining the expert's reasoning, and is not admitted as                
          substantive evidence.  Fed. R. Evid. 703, 705; Engebretsen v.               
          Fairchild Aircraft Corp., 21 F.3d 721, 728-729 (6th Cir. 1994);             
          United States v. Wright, 783 F.2d 1091, 1100 (D.C. Cir. 1986);              
          Paddack v. Dave Christensen, Inc., 745 F.2d 1254, 1261-1262 (9th            
          Cir. 1984).  Factual allegations that are not otherwise in the              
          record that are relied upon by an expert witness may be admitted            
          as substantive evidence only if proper foundational requirements            
          are satisfied; i.e., where the expert testifies from personal               





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