Page 93 - Acertaining Economic Damages Calculation

lish the required foundation for admission of this evidence under Rule 803(6)... Nevertheless, the
burden will remain on Flint Hills to establish the proper foundation at trial for admission of each
third-party estimate, including establishing that Flint Hills integrated the document into its rec-
ords and relied upon it. fn 41

Conclusion

As required under Rule 702, Testimony by Expert Witnesses, "A witness who is qualified as an expert by
knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise
if... the testimony is based on sufficient facts or data." It is clear that what constitutes sufficient facts or
data is a highly facts-and-circumstances-specific exercise that is open to interpretation by the court. Be-
cause the damages expert has such considerable latitude and discretion in determining the appropriate
methodology to best establish or rebut the damages claim with reasonable certainty, it is incumbent upon
the expert to provide the court with a sound and sufficient basis to support the assumptions, analysis,
and opinions being offered, which may be satisfied using, among other things, the types of evidence ref-
erenced in the cases that have been presented and discussed throughout this chapter.

fn 41 Id. at 1022.

© 2020 Association of International Certified Professional Accountants 91