Insurers, contractors and property owners take note –
Property damage claims are common. They arise from wind,
water, fire, construction defects and every type of accident
imaginable. But do you know what is required for a sustainable
damages award? The Supreme Court recently addressed that issue
in McGinty v. Hennen, 372 S.W.3d 625 (Tex. June 29, 2012)
(per curiam).
As we have previously reported, expert testimony requires
special attention at trial and is often fertile ground for an
appeal. And we are not just talking about Daubert
type challenges. In a number of cases the Texas Supreme Court
has held that an expert's testimony was "no evidence"
even where there was no Daubert challenge and the
testimony was admitted without objection. See
Keeping Your Expert, and Yourself, Out Of Trouble. It is
more common, however, to see these rulings in the context of
liability or causation evidence. McGinty involved the
adequacy of evidence quantifying damages.
