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.
- For Appellant:
- J. Harrell Feldt,Vinson & Elkins, Houston, S. Tom Morris, Underwood Wilson Berry Stein & Johnson, P.C., Amarillo, for petitioner.
- For Appellees:
- Robert D. Lemon, Guy Kelly Cooksey, Otis C. Shearer, Lemon Shearer Phillips & Good, P.C., Perryton, for respondent.