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computer science courses at the Community College of Denver for 5
years and then worked as a software development engineer until
1984. Mr. Jinnette currently builds software that communicates
with energy meters and building controllers, and he claims to be
familiar with the design, installation, and maintenance of
various energy management systems and their related software and
hardware components.12
The stated purpose of Mr. Jinnette’s report was to provide
his opinion on the reasonable lifespan of commercial grade energy
management equipment such as the equipment described in the Sav-
Fuel PPM. However, other than a paragraph setting forth Mr.
Jinnette’s qualifications, the report contains only two short
paragraphs setting forth the basis for his opinion and
conclusion. The report states that Mr. Jinnette has personal
knowledge of energy management equipment similar to that
described in the Sav-Fuel PPM and that he gained this knowledge
through his personal involvement in the installation and
maintenance of software for equipment of a similar age and type.
On the basis of this personal knowledge, Mr. Jinnette opines that
“it is reasonable to assume that, if properly maintained, energy
management equipment of a type and function similar to that
described in the Sav Fuel PPM would remain operational for a
12At trial, the Court qualified Mr. Jinnette as an expert
for purposes of assisting the Court to understand the nature of
the energy management equipment.
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