The state of Tennessee follows the Daubert test for expert witness admissibility. Dubois v. Haykal, 165 S.W.3d 634 (Tenn. Ct. App. 2004). Under this test, the trial court should determine whether an expert’s testimony is reliable based on five factors. Id. The factors are: “(1) whether scientific evidence has been tested and the methodology with which it has been tested; (2) whether the evidence has been subjected to peer review or publication; (3) whether a potential rate of error is known; (4) whether … the evidence is generally accepted in the scientific community; and (5) whether the expert’s research in the field has been conducted independent of litigation.” Id. These factors are not exclusive, and the court can utilize them as it sees fit in determining the admissibility of an expert’s testimony. Id. Additionally, if there are conflicting testimonies from experts, the court does not need to determine which is “generally accepted” so long as they are both “based on relevant scientific methods, processes, and data.” Id.
