Expert's testimony on lost profits deemed unreliable.
What expert witness testimony is required to recover lost profits in construction litigation under the Daubert standard?
A hint can be gleaned from the Mississippi Supreme Court's decision last week in Webb v Braswell, a lender liability and accounting malpractice case. The Court held the trial court had properly rejected an economist's testimony that the plaintiffs had lost profits as a result of the defendant's failure to fund a crop production loan. The Court reasoned that Daubert required the testimony be based on past profitability and the expert's testimony was unreliable because the plaintiffs had always lost money on their farm operations in the past.