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Keywords

defendantnegligenceappealtrialtestimonysummary judgmentsustainedadmissibility

defendantnegligencetestimony

Related Cases

Marsh v. Valyou, 977 So.2d 543, 32 Fla. L. Weekly S750

Facts

Jill Marsh sustained injuries in four separate car accidents and filed a negligence action against multiple defendants, claiming that the accidents caused her fibromyalgia. The defendants sought to exclude expert testimony linking the accidents to her condition, arguing that such testimony did not meet the Frye standard for admissibility. The trial court agreed and granted summary judgment in favor of the defendants, leading to Marsh's appeal.

After sustaining injuries in four separate car accidents between August 1995 and January 1998, the petitioner, Jill Marsh, filed a negligence action against a series of four defendants—the Valyous; the Burkes; PVC Holding Corp., d/b/a Avis Rent–a–Car ('Avis'); and Scott David Chilcut (no longer a party).

Issue

Does the Frye standard apply to expert testimony causally linking trauma to fibromyalgia?

The issue is whether expert testimony causally linking trauma (the car accidents) to the onset of fibromyalgia is subject to the Frye test.

Rule

The Frye standard requires that expert testimony based on new or novel scientific principles must be generally accepted in the relevant scientific community to be admissible.

Under Frye, '[t]he proponent of the evidence bears the burden of establishing by a preponderance of the evidence the general acceptance of the underlying scientific principles and methodology.'

Analysis

The court determined that the expert testimony linking trauma to fibromyalgia is not based on new or novel scientific principles, thus not subject to the Frye standard. The court also noted that even if Frye were applicable, the testimony would meet its requirements due to the general acceptance of the relationship between trauma and fibromyalgia in the medical community.

The expert medical causation testimony at issue here is not 'new or novel.' The American College of Rheumatology published classification criteria for fibromyalgia in 1990.

Conclusion

The Supreme Court quashed the decision of the District Court of Appeal, ruling that Frye does not apply to expert testimony linking trauma to fibromyalgia and that such testimony is admissible.

For these reasons, we hold that Frye does not apply to expert testimony causally linking trauma to fibromyalgia.

Who won?

Jill Marsh prevailed in the case as the Supreme Court ruled in her favor, allowing her expert testimony to be admitted.

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