Jury instructions regarding expert witnesses in West Virginia are outlined in the Jury Instructions for Virginia and West Virginia, § 41-112. W. VA. JURY INSTR. § 41-112 (2016). This rule instructs the jury that experts have a specific area of skill that they are permitted to testify to. Id. The jury is to “consider the testimony of these witnesses” and determine how much weight and credibility each expert’s testimony should be given. Id. Additionally, the jury does not have to completely accept an expert’s testimony or give an expert credibility above the jury’s own opinions. Id. When considering how much weight and credibility to give an expert’s testimony, the jury should consider the expert’s “education, expertise, training and verse, [and] the weight and process of the reasoning by which they supported their respective opinions.” Papenhaus v. Combs, 292 S.E.2d 621 (W. Va. 1982).
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