Elcock v. Kmart

Elcock v. Kmart

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)