Judge Grants Frye Challenge, Says Testimony is Based in 'Gut Instinct'

PITTSBURGH -- A Pennsylvania trial court has precluded low dose testimony proffered by several asbestos plaintiffs, cautioning the parties to properly use scientific methods to 'distinguish a coincidental association from a causal correlation.' Vogelsberger, et al. v. Owens-Illinois, et al., No. A.D. 03-319 (Pa. Ct. Comm. Pls., Allegheny Cty.).

In the Aug. 17 opinion, Judge Robert J. Colville of the Court of Common Pleas of Allegheny County granted a motion to preclude testimony by David Laman, M.D., and John C. Maddox, M.D., indicating that exposure to low-dose friction products cause asbestos-related illnesses.

DaimlerChrysler and Volkswagen of America sought a …