Section 13.11 Opinions Based on Other Data, Including Surveys

• Library: Sources of Proof (2014 Ed.)

D. (§13.11) Opinions Based on Other Data, Including Surveys

Experts may base an opinion on their experiences, readings, studies, and learning in their areas of expertise. Liberty Fin. Mgmt. Corp. v. Beneficial Data Processing Corp., 670 S.W.2d 40 (Mo. App. E.D. 1984). These matters are generally hearsay. But hearsay of this sort is admissible to provide the basis of an expert opinion if it is “otherwise trustworthy.” Albers v. Hemphill Contracting Co., 740 S.W.2d 660, 663 (Mo. App. E.D. 1987) (audit reports). A scientist may testify as to the contents of literature because much of scientists’ expertise is derived from the reading of literature in their field. Salsberry v. Archibald Plumbing & Heating Co., 587 S.W.2d 907 (Mo. App. W.D. 1979); see alsoSiebern v. Mo.-Ill. Tractor & Equip. Co., 711 S.W.2d 935 (Mo. App. E.D. 1986) (expert testimony that no other rollover claims or fatalities had occurred with particular equipment was admitted).

A patient’s...