Judge Limits Expert Testimony and Eliminates 79 of 81 Plaintiffs

TUCSON, Ariz. - An Arizona trial judge has limited mold plaintiffs' causation experts on the eve of trial, ruling after a Frye hearing that defendants' view of limited harm from mycotoxins is the 'generally accepted position of the relevant scientific/medical community.' Abad v. Wasatch Property Management, No. C20024299; Swiegart v. Wasatch Property Management, et al. (Ariz. Super. Ct., Pima Cty.).

Judge John E. Davis of the Pima County (Ariz.) Superior Court on July 12 granted in part a defense motion to strike by limiting the experts' testimony on health issues to affirming that mold can exacerbate the effects of pre-existing …