Kerr-McGee Corp. v. Helton

in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice JEFFERSON, Justice SCHNEIDER, Justice WAINWRIGHT, and Justice BRISTER joined.

Oil and gas lessors brought suit against lessee for breach of the implied covenant to protect the leasehold against drainage. The case was tried to the bench. At trial, lessors’ sole evidence of the amount of damages was the expert testimony of Michael Riley. After cross-examining Riley, lessee objected and moved to strike Riley’s testimony as unreliable. The trial court denied the motion and, at the close of trial, rendered judgment for lessors.…