| Full Citation | Carmelita Elcock v. Kmart Corporation; No. 98-7472 |
| Court | Court of Appeals for the Third Circuit |
| Facts of Case | Female sustained back and leg injuries in a fall; unable to continue in her full capacity as a Mary Kay Cosmetics dealer |
| Challenge Issues | This case has been cited as one disallowing use of The New Worklife Expectancy Tables (The Tables). |
| VEI Observation | This case does not mention The Tables. The vocational
rehabilitation expert in the case notes that he applied a procedure
recommended by Anthony Gamboa (author of The Tables) in determining the
plaintiff’s loss, a procedure that the defense did not dispute was an
accepted methodology in the vocational rehabilitation field.
The Tables are not mentioned in the decision by either the
vocational or the economic expert. The court in this case noted that Daubert hearings are appropriate for vocational and economic testimony. It remanded the case for a new trial on economic damages to include a Daubert hearing. |
| Results | Opinion (October 10, 2000) |
