The Missouri court, in Stanley v. Cottrell, Inc., Dist. Court, ED Missouri 2013, dealt with a professor of mechanical engineering who sought to testifying in a slip and fall case.
The court denied the Daubert motion to exclude his testimony, stating:
It is clear from Dr. Micklow’s C.V. that he has no formal education or training in fall protection. Rather, it appears that Dr. Micklow’s primary area of academic expertise and training is mechanical engineering, with a focus on areas such as thermodynamics, computational fluid dynamics, combustion, propulsion, aerodynamics, and gas turbine engines, etc. Of course, as courts in the Eighth Circuit have held, academic training is not necessary for expert qualification; a person may qualify as an expert where he possesses sufficient knowledge obtained from practical experience. Fox v. Dannenberg, 906 F.2d 1253, 1256 (8th Cir. 1990). Dr. Micklow has authored a pair of reports called “Engineering and Ergonomic Analysis Relating to Slips and Falls While Loading/Unloading Car Carriers”, and “Injuries Related to Slips and Falls on Automobile Transport Carriers.”
While Dr. Micklow’s specific experience in slip and fall cases is not extensive, it does exist. As Plaintiff argues, the issues raised by Defendant go to the weight to be given Dr. Micklow’s testimony, rather than its admissibility.
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