Capital Metro. Transp. Auth. Cent. of Tenn. Ry. & Navigation Co., Inc. v. Cent. of Tenn. Ry. & Navigation Co., Inc

In Capital Metro. Transp. Auth. Cent. of Tenn. Ry. & Navigation Co., Inc. v. Cent. of Tenn. Ry. & Navigation Co., Inc., 114 S.W.3d 573 (Tex. App.--Austin 2003, pet. denied), the Austin court of appeals found evidence of lost profits legally insufficient. In that case, the only evidence concerning lost profits came from appellee's expert, who relied on past reports concerning the rail line's performance and the owner's estimates concerning how many railcars he could have accommodated each year. Id. The court held that lost profits had not been proven to a reasonable certainty because the expert calculations were based on the owner's assertion of the number of contracts the line could have handled, which did not constitute reasonably certain objective evidence of lost profits without additional evidence of the reasonableness or reliability of the assumptions. Id. at 581.