No. 5-99-0830 IN THE APPELLATE COURT OF ... - Appellate.net
No. 5-99-0830 IN THE APPELLATE COURT OF ... - Appellate.net
No. 5-99-0830 IN THE APPELLATE COURT OF ... - Appellate.net
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while the repair was accomplished. R. 7174-77. Mathur admitted that not every class<br />
member was entitled to installation damages. R. 7179. A class member could receive<br />
installation damages only if at least one non-OEM part on his estimate was actually installed<br />
on his car, and only if he still had the car and the part. Id.<br />
Mathur testified that installation damages for the entire class — assuming that every<br />
class member had received at least one non-OEM part, still owned the vehicle, and would<br />
have it repaired in two days, while renting a car at an average rate of $51 — would total<br />
$1,316,900,000. R. 7178. Mathur conceded, however, that this estimate was too high, and<br />
he attempted to reduce it in light of the admitted fact that many non-OEM parts that were<br />
specified were never installed on class members’ vehicles. Mathur guessed that somewhere<br />
between 50% and 92% of the non-OEM parts specified on estimates had actually been<br />
installed. R. 7183. Based on that guess he offered a range of damages estimates between<br />
a “low” of $658,450,000 and a “high” estimate of $1,211,500,000 — an astonishing $550<br />
million swing. R. 7187-89.<br />
On cross-examination Mathur conceded that these estimates should have been<br />
reduced to take into account other relevant factors. For example, he admitted that his<br />
estimate did not take into account the undoubtedly substantial number of class members who<br />
no longer owned vehicles on which non-OEM parts had been installed. R. 7227-38. He also<br />
simply assumed that every vehicle on which non-OEM parts had been installed was not<br />
restored to pre-loss condition and that every non-OEM part would have to be replaced. R.<br />
7226. Mathur testified that the reason he had not made any further reductions to his estimate<br />
was that he lacked the data necessary to adjust it on a classwide basis. R. 7232-36. At the<br />
-78-