This section contains the nature of the case and procedural background.

Kmart (D) conceded that Elcock (P) had suffered some damages from a slip and fall incident in its store in the Virgin Islands. Before and during trial D sought to exclude Dr. Copemann’s vocational rehabilitation testimony on the grounds that he was not a qualified expert in the field. A voir dire was conducted on Copemann’s qualifications. D’s expert called those credentials into question. The court allowed Copemann to testify. D lost the verdict for $650,000. D appealed.

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