Ky. Court Allows Testimony Based on Differential Diagnosis

FRANKFORT, Ky. -- A Kentucky federal court has denied a defense motion for summary judgment that claimed the plaintiff's toxicologist did not meet admissibility requirements because he used the differential diagnosis method in reaching his conclusions. Quillen v. Safety-Kleen Systems Inc., No. 07-00067 (E.D. Ky.).

In the September 28 opinion, the U.S. District Court for the Eastern District of Kentucky also opined that the plaintiff's expert was not required to quantify the dose of benzene to which the plaintiff was exposed, stating that those objections were a proper subject for cross-examination.

The complaint was filed by Donald Quillen, who claims …