Elcock v. Kmart Corp.

Kmart (defendant) conceded liability for injuries Carmelita Elcock (plaintiff) suffered slipping and falling in its store; at the damages trial, psychologist Dr. Copemann testified as a vocational rehabilitation expert that the accident reduced Elcock's earning capacity by 50-60%, despite lacking a formal vocational-rehabilitation degree (which didn't exist when he was in school) and having no specific experience assessing impairment or fitness for particular occupations, though he had experience helping addicts and disabled persons return to work and was familiar with relevant professional literature. The jury awarded damages partly based on his testimony; Kmart appealed, arguing Copemann wasn't qualified to give expert testimony.