Aquamarine Associates v. Burton Shipyard, Inc.

I respectfully dissent. The majority affirms the lower court’s finding Aquamarine’s only evidence of expenses incurred in purchasing substitute vessels is hearsay. The testimony excluded is that of Tom Gilbert, the managing and operating partner of Aquamarine. Gilbert while testifying asked to refer to several charts prepared by his lawyer from an independent auditor’s report regarding the cost to cover. On voir dire Mr. Gilbert testified he had calculated the original figures used to prepare the audited financial statements. When asked if he could recall the numbers without the charts…