The state of Vermont follows the Daubert test for the admissibility of expert witness testimony. USGen New England, Inc. v. Town of Rockingham, 862 A.2d 269 (Vt. 2004). Under this test, the court should analyze four factors to determine if expert testimony is admissible. Id. The factors are: “(1) whether the scientific technique or methodology involved can be tested; (2) whether the technique or methodology has been subjected to peer review and publication; (3) the known or potential rate of error particular to the technique or methodology; and (4) whether the technique or methodology has been generally accepted in the scientific community.” Id. This test is not exhaustive, and courts should utilize these factors to help analyze the expert’s testimony and then determine if it should be admissible or not. Id. The focus of the court’s inquiry under Daubert should be on the expert’s methods used to reach its conclusions and not on the conclusions the expert testifies to. Id.
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