- 36 - b. Petitioner’s Horses Petitioner’s only evidence of the fair market value of her horses is based on the testimony of an expert witness, Janine Esler (Ms. Esler). Ms. Esler is a professional horse trainer, breeder, bloodstock agent, and business consultant. She has trained Arabian horses since 1975. Her experience is sufficient to qualify her as an expert in the Arabian horse field. However, we find that Ms. Esler’s expert report does not provide reliable valuations of petitioner’s horses. Rule 143(f) states that a witness’s expert report “shall state the * * * opinion and the facts * * * on which that opinion is based. The report shall set forth in detail the reasons for the conclusion.” (Emphasis added.) In her report, Ms. Esler did not disclose her method of valuation. At trial, she testified that she used “comparable values of horses”, but she could not be more specific. Ms. Esler further testified that a horse’s pedigree, health condition, training history, and performance history are all factors to be considered in determining a horse’s fair market value, yet these factors are not mentioned in her report. In addition, Ms. Elser testified that it is important to view a horse from all angles and to watch the horse walking both towards and away from the observer. However, Ms. EslerPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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