KERR-MCGEE CORP. v. HELTON, 02-0356
Expert testimony regarding damages - though properly based on the amount of gas that a hypothetical, timely drilled well would have produced - is unreliable and is therefore no evidence. Because defendants failed to present any competent evidence on an essential element of their cause of action, they take nothing.
- Argued 01/22/2003
- Decided 01/30/2004
- Published 01/30/2004
Justice SMITH delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice SCHNEIDER, Justice WAINWRIGHT, and Justice BRISTER joined.
J. Harrell Feldt,Vinson & Elkins, Houston, S. Tom Morris, Underwood Wilson Berry Stein & Johnson, P.C., Amarillo, for petitioner.
Robert D. Lemon, Guy Kelly Cooksey, Otis C. Shearer, Lemon Shearer Phillips & Good, P.C., Perryton, for respondent.