Allstate Texas Lloyds v. Mason
In Allstate Texas Lloyds v. Mason, 123 S.W.3d 690 (Tex. App.--Fort Worth 2003, no pet.), the Second Court of Appeals analyzed whether the trial court erred in admitting the testimony of Mason's expert, Jim Linehan. Id. at 697.
It was Linehan's testimony that a plumbing leak caused all the damage to Mason's house, even though foundational damage due to soil movement had occurred and been repaired six years earlier. Id. at 700-01.
Linehan testified that there had been no further damage to the house in the six years after the initial foundation damage had been repaired, and then damage occurred suddenly corresponding with confirmed plumbing leaks. Id. at 701.
Linehan testified that the sudden onset of damage, confirmed leaks, foundational uplift at the leak, and expansive soils were all objective data that confirmed his opinion that all the damage to the house was caused by the plumbing leaks. Id.
The court of appeals found that no analytical gap existed and that Linehan's testimony was reliable because he negated the possibility of other causes of damage to the house, including soil movement and seasonal moisture changes. Id. at 702.