Linda Jackson sustained a fall injury while visiting an ALDI store in Kansas City after getting her foot caught in a display with an unprotected opening at floor level.
Defendant filed a motion to exclude the testimony of Plaintiff’s expert, Kristen Cooper VanWieren.
Safety Expert Witness
Kristen Cooper VanWieren is a certified safety professional and her specialty is safety programs and risk management with a focus on retail settings. She has expertise in developing and executing safety programs in a wide variety of business sizes and types, as well as several years of experience with injury and general liability insurance claims.
Discussion by the Court
Defendant stated that VanWieren’s opinions should be excluded because: (1) the opinions were directed to matters for which expert testimony was unnecessary and inappropriate; and (2) VanWieren’s opinions were not relevant to the issues in the case.
Defendant argued that VanWieren’s opinion regarding whether the display shelf constituted a dangerous condition would not assist the jury because the subject did not require specialized skill or expertise and was based solely on VanWieren’s review of video footage of the incident and photographs of the alleged hazardous condition, without the use of any specialized techniques or methodology.
The Court found that the three opinions VanWieren sought to offer in this case—(1) the hazard was consistent with one that would cause Plaintiff’s fall; (2) ALDI failed to implement, execute, and enforce the type of fall-prevention procedures expected of it; and (3) ALDI failed to warn or protect patrons from the hazard—did not satisfy Rule 702’s helpfulness requirement.
In this case, the jury could review the store’s video footage showing the endcap and documenting how Plaintiff tripped and fell, just as VanWieren did, and determine for itself whether the endcap constituted a hazard and whether it was consistent with or caused Plaintiff’s fall. The jury could also determine from the video footage whether ALDI failed to warn or protect its patrons from the shelving unit.
Held
The Court granted Defendant’s motion to exclude the opinions of Kristen Cooper VanWieren.
Key Takeaway
Because expert testimony must be helpful to the jury, courts must guard against invading the province of the jury on a question which the jury is entirely capable of answering without the benefit of expert opinion.
Case Details:
| Case Caption: | Jackson V. Aldi, Inc. |
| Docket Number: | 4:24cv473 |
| Court Name: | United States District Court, Missouri Western |
| Order Date: | February 02, 2026 |
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