Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)

Citation: Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Parent Document: Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Jurisdiction: Missouri (state)
Effective Date: 2002-11-21
Original Source: https://www.courtlistener.com/opinion/1890960/rathbun-v-cato-corp/ ↗

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In its fifth and final point, Lessor contends that the trial court erred in considering the testimony of Lessee’s leasing agent that a home improvement store would not draw as strongly for a women’s clothing store as would a grocery store because that testimony was not based on facts reasonably relied upon by experts in the field and shown to be reasonably rehable. Lessor argues that the witness did not establish his experience with demographics or a statistical database for Ozark, Missouri and the surrounding area, and because the testimony called for speculation. Lessor points out that the trial court had previously refused to allow the witness to testify about national averages and studies, and the witness’s prior testimony did not suggest that he had experience with the traffic studies and demographics of shopping centers in Ozark, Missouri.

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