• Pennsylvania Supreme Court Decision Expands Scope of Frye Challenges
  • June 5, 2012 | Author: Julie E. Randolph
  • Law Firm: Schnader Harrison Segal & Lewis LLP - Philadelphia Office
  • The Pennsylvania Supreme Court opinion in Betz v. Pneumo Abex, LLC, No. 38 WAP 2010 (Pa. May 23, 2012) gives both asbestos defendants and parties challenging an expert opinion’s admissibility under Frye reason to celebrate. Under Frye, “novel scientific evidence is admissible if the methodology that underlies the evidence has general acceptance in the relevant scientific community.” Grady v. Frito-Lay, Inc., 576 Pa. 546, 555; 839 A.2d 1038, 1043-44 (Pa. 2003). In a 6-0 opinion reversing the Superior Court, the Betz Court upheld the trial judge’s finding that plaintiff’s expert’s “singlefiber” theory of asbestos disease causation was inadmissible and, in doing so, expanded the scope of Frye challenges.