Bill Smith and Brad Reeves Obtain Appellate Victory in Eminent Domain Proceeding

Bill Smith and Brad Reeves, members of the Firm’s Product Liability and Casualty Group, obtained a significant appellate victory in April 2010 clarifying the expert testimony necessary to determine damages in an eminent domain proceeding.  At trial, a large verdict was returned against a pipeline based on the expert testimony of an appraiser who ascribed significant damage to the remainder based on the stigma associated with utility easements.  His testimony was based solely on his “personal experience” and was not supported by any comparable sales or other data.  But the testimony was nevertheless allowed despite a Daubert objection.  Further, the verdict was affirmed on appeal by the Mississippi Court of Appeals, creating dangerous precedent for our clients and other utilities.

Balch & Bingham LLP was hired after the trial to file amicus briefs on behalf of several utilities seeking rehearing by the Mississippi Court of Appeals and then certiorari by the Mississippi Supreme Court.  Although the Court of Appeals denied the request for rehearing, the Supreme Court reversed both the trial court and the court of appeals, finding that the appraiser’s testimony did not meet the standards of Daubert or Miss. R. Evid. 702.  This decision sets a good precedent for all utility companies operating in Mississippi.