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Expert Testimony in Product Liability Cases
Missouri recently adopted the Daubert standard under V.A.M.S. 490.065 (had to link to Westlaw because it was one of only sources with updated language). The pertinent part of the statute states:
(1) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) The testimony is based on sufficient facts or data;
(c) The testimony is the product of reliable principles and methods; and
(d) The expert has reliably applied the principles and methods to the facts of the case.
Below are good places to start research on what exactly this is going to mean.
Missouri Practice Series
A great source is the Missouri Practice Series, this time Missouri Evidence, under chapter 7. There is a section about the new standard adopted, how the courts applied the old standard, and how the court might apply the standard in the future. Since this was such a recent adoption, this area of law is still being hammered out. While this source is not free, it provides a great compilation of primary law that cannot likely be found in many other sources and is updated very often.
The Mo Bar CLEs do not reflect the change in the statute just yet.
Since the Daubert standard is new to Missouri, it might be good to look toward other states that have adopted it before. You can find a list of states that have adopted the standard to look toward for guidance here.
Raising the Bar: Missouri's New Daubert Standard
This is an article which compares and contrasts the old and new expert testimony admissibility standard, and is very helpful in determining what exactly Missouri adopting this new standard means. Published in April 2017, so it is a relatively recent article.
Missouri Adopts Daubert
This article, too, provides a great analysis of what exactly an adoption of the Daubert standard means for Missouri, and why it matters. Also published in April 2017.
8th Circuit's Application
Another great way to see what Missouri's adoption of the Daubert standard means is to look toward how the 8th Circuit has applied the Daubert standard, since Missouri is in the Eighth Circuit (there is actually a recognized circuit split in how to apply the Daubert standard - read more about that, and other interesting circuit court splits here).
A good representative case is Johnson v. Mead Johnson & Co., 754 F.3d 557 (8th Cir. 2014), in which the Eighth Circuit held that the reliability of the expert's method went more toward how much weight the juror should give their testimony rather than their admissibility. This may be influential in how Missouri applies the Daubert standard.