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HOUSTON CASE LAW: FACT WITNESS VS. EXPERT WITNESS

A fact witness may give opinion testimony if his opinions are "(a) rationally based on the perception of the witness
and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue." Tex. R.
Evid. 701. An expert is a witness qualified by "knowledge, skill, experience, training, or education" in an area of
"scientific, technical, or other specialized knowledge." Tex. R. Evid. 702. An expert may testify in the form of
opinions or otherwise if it "will assist the trier of fact to understand the evidence or to determine a fact in issue." Id.
A witness may qualify as both a fact witness and an expert witness. Rogers v. Dep't of Family & Protective Servs.,
175 S.W.3d 370, 377 (Tex. App.--Houston [1st Dist.] 2005, pet. dism'd w.o.j.) (stating witness may qualify and
testify as both fact and expert witness); see also Tex. First Nat'l Bank v. Ng, 167 S.W.3d 842, 858 (Tex.
App.--Houston [14th Dist.] 2005, judgment vacated w.r.m.) (noting bank's senior vice president "testified as both a
fact and expert witness").
Marin v. IESI TX Corporation (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Opinion on rehearing by Alcala)
(
forgery, misapplication of fiduciary property, fraud, and conversion of checks, exemplary damages)
We conclude that the trial court did not err in the admission of the evidence, that the evidence is legally and factually sufficient, and
that the trial court properly awarded exemplary damages. We affirm.
AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala     
Before Justices Keyes, Alcala and Hanks  
01-08-00539-CV  Janell S. Marin v. IESI TX Corporation   
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: Hon. W. Edwin Denman










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