Elizabeth Giles - Page 36

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                    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. Esler                     






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