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JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST.11/26/1997
testimony was not based on "scientific" knowledge. McKendall asserts that Siegel's testimony is based on his experience as a mechanical engineer who has investigated hundreds of forklift accidents. He argues that Siegel has "technical, or other specialized knowledge" described in Rule 702, and to which the Daubert factors, applicable to scientific knowledge, do not apply. Thus, he proposes that Siegel's testimony should have been admitted under Rule 702, as Siegel demonstrated through experience, training, and education his familiarity with forklifts. Furthermore, he argues, this technical or other specialized knowledge would have assisted the trier of fact to understand the evidence and to determine facts in issue, consistent with Rule 702.
We agree that the district court erred in applying the Daubert factors, which are relevant, only to testimony bearing on "scientific" knowledge, to Siegel's testimony. The Ninth Circuit has recognized that Daubert is confined to the evaluation of "scientific" expert testimony. See Cordoba, 104 F.3d at 230 ("Daubert applies only to the admission of scientific testimony. . . . In order to qualify as scientific knowledge, an inference or assertion must be derived from the scientific method. The government expert testified on the basis of specialized knowledge, not scientific knowledge."); Thomas v. Newton Intern. Enter., 42 F.3d 1266, 1270 n. 3 (9th Cir. 1994) ("Daubert was clearly confined to the evaluation of scientific expert testimony.") (emphasis in original) (citing Daubert, 509 U.S. at 590 n. 8, 113 S.Ct. at 2795 n. 8). This reading of Daubert is also supported by the Supreme Court's explanation in Daubert, itself, that " ule 702 also applies to `technical, or other specialized knowledge.' Our discussion is limited to the scientific context because that is the nature of the expertise offered here." Daubert, 509 U.S. at 590 n. 8, 113 S.Ct. at 2795 n. 8 (emphasis added).
In Thomas, we concluded that the district court abused its discretion in excluding the expert testimony of a longshore worker with 29 years experience who proffered testimony as to customary safety procedures aboard a vessel. 42 F.3d at 1269. We noted that under Rule 702, an expert may be qualified by "knowledge, skill, experience, training, or education." We characterized the expert's testimony as based on his specialized knowledge acquired through his vast experience. Id. at 1270 n. 3. It was thus improper for the district court to exclude such testimony based on Daubert. See id.
Similarly, we conclude that Siegel's testimony based on his engineering experience and his having investigated hundreds of fork lift cases over the past thirty years, that a safety device is feasible, is both "facially helpful and relevant" and seemingly reliable. See id. Crown will have every opportunity on cross-examination to point out that Siegel has not created or tested the safety device which he suggests would have prevented the accident. The district court erred in excluding Siegel's testimony based on Daubert.
McKendall, 122 F.3d at 806-08 (footnotes omitted).
Based on these authorities and principles, we hold that the Daubert analysis was not applicable to the instant case. Dr. Nordine's testimony was not based on "scientific knowledge" but rather was of the nature of "technical or other specialized knowledge." It is like the testimony in Thornton and McKendall to which a conventional rule 702 analysis is appropriate.
Applying our own principles governing expert testimony, we conclude that Dr. Nordine's opinion regarding Brian's OCD traits [570 NW2d Page 640]
was sufficiently established as reliable in the record. Dr. Nordine conduct
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