Ehman v. Rathbun

ON MOTION FOR REHEARING

Appellant on motion for rehearing urges that this court’s opinion filed June 2, 1977, is “directly contrary” to the holding in State v. Clark, 112 Ariz. 493, 543 P.2d 1122 (1975) , which adopted the approach expressed in Rule 703, Federal Rules of Evidence, regarding the use of facts not in evidence as a basis for an expert’s opinion. Contra, International Harvester Company v. Chiarello, 27 Ariz.App. 411, 555 P.2d 670 (1976) . Inasmuch as the identical rule1 has been promulgated by the Supreme Court of Arizona to take effect prior to any re-trial of this action, we…