SCIENCE IN THE COURTROOM:
Should Engineer Witnesses Meet Same Standards as Scientists?
Jocelyn Kaiser
Five years ago, in the Daubert case, the U.S. Supreme Court gave trial judges more authority to throw out testimony from scientists that doesn't meet strict tests of scientific validity. Now the court may be ready to rule on whether judges should apply the same rules to testimony from other kinds of technical experts, an issue which has divided lower courts. The new case, Kumho v. Carmichael, involves the testimony of an engineer who claimed that a defective tire led to a fatal accident. The first judge rejected the expert testimony for not meeting the Daubert criteria, but an appellate court ruled that the standards did not apply in this case.