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period exceeding thirty (30) years at a minimum.” The report
contains no other facts or data showing the basis for Mr.
Jinnette’s opinion.13
At trial, Mr. Jinnette testified that he currently works
with similar equipment and that he recently worked on equipment
that was installed in the early 1980s. He furthered testified
that the type of equipment at issue is industrial grade equipment
designed to last for 20 to 30 years, and it typically does if it
is properly maintained. These were the only reasons Mr. Jinnette
gave as the basis for his opinion that the useful life of the EMS
exceeded 30 years.
We are not persuaded by Mr. Jinnette’s report and his
opinion that the useful life of the EMS purchased by Sav-Fuel
exceeded 30 years. Mr. Jinnette cited no authority, facts, or
data, other than his personal belief, to establish the useful
life of the EMS. His testimony at trial did not provide a
sufficient basis for the conclusion reached in his report. Mr.
13Under Rule 143(f)(1), expert reports are required to state
the witness’s opinion and the facts or data on which the opinion
is based and must set forth in detail the reasons for the
conclusion. Additional direct testimony with respect to the
report may be allowed to clarify or emphasize matters in the
report, to cover matters arising after the preparation of the
report, or otherwise at the discretion of the Court. Id. At
trial, the Court told petitioner that Mr. Jinnette’s report
basically stated his opinion without providing an explanation as
to how the conclusion was reached and suggested that petitioner
elicit more information with respect to the basis for Mr.
Jinnette’s opinion.
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