8/4/2023 0 Comments Daubert motion in limine![]() ![]() It is within the discretion of the trial court to determine what manner in which it determines the Frye motion. The court, without further proceedings, may determine that any issue of inadmissibility of expert testimony be deferred until trial. Rule of Evidence 702 or 703, the court shall initially review the motion to determine if, in the interests of justice, the matter should be addressed prior to trial. The mechanism to challenge expert testimony at trial is set forth in the Pennsylvania Rule of Civil Procedure 207.1 which states that when a party moves the court to exclude expert testimony which relies on novel scientific evidence, on the basis that it is inadmissible under Pa. The Effect on Frye Hearings and Challenges to Expert Testimony In doing so, Judge Colville ordered the parties to exchange expert reports on the theory and held a full evidentiary hearing. Judge Colville instructed the parties to designate a case as a test case for the Frye challenge raised by the defendants. The defendants argued that the theory was novel and not based on accepted scientific principles. That theory, based on extrapolation, holds that the inhalation of just one asbestos fiber from an asbestos containing product, no matter what other asbestos exposure and extent of exposure the plaintiff may have had, causes asbestos related disease. Two of the defendants in those cases had filed global motions to exclude expert testimony on the “single breath” theory of causation of asbestos related disease espoused by the plaintiffs’ experts. Colville and plaintiffs’ and defense counsel from a pool of similar asbestos cases pending in the Court of Common Pleas of Allegheny County. The Betz case was designated by Judge Robert J. Pneumo Abex has clarified the standards and procedure for trial judges to follow when acting as gatekeeper for novel expert testimony. In a new opinion, the Supreme Court of Pennsylvania in Betz v. The action was selected by plaintiffs among several pending asbestos-related lawsuits as a test case to consider challenges brought by defendants to the opinions and methodology supporting the plaintiffs’ theory that exposure to friction products was a proximate cause of asbestos-related disease. Pneumo Abex, which reversed the 2010 en banc panel of the Superior Court that overturned an Allegheny County trial court’s ruling on a Frye motion in an asbestos product liability action.Īt the trial court, the plaintiff alleged that Charles Simikian’s exposure to asbestos-containing friction products, such as brake linings, throughout his 44-year career as an auto mechanic caused his development of and eventual death from, mesothelioma. ![]() On May 23, 2012, the Pennsylvania Supreme Court in a unanimous 53-page decision in Betz v. ![]()
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