Legal Opinion
Clemente v. Blumenberg
New York Supreme Court
Decided August 6, 1999PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Maltese, J.
The plaintiffs verbally moved in limine to preclude the *924testimony of a biomedical engineer who was being proposed as an expert witness by the defendant. Upon listening to the defense attorney’s proffer of the engineer’s expected testimony and after reviewing the engineer’s written report, this court was skeptical about the reliability of such evidence and thereby decided to conduct a Frye1 hearing to ascertain whether the evidence being proffered was “generally accepted” in the engineering community.
The plaintiff, Deborah Clemente, was a 40-year-old…
2Cases cited5 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- People v. WesleyNew York Court of Appeals · 1994
- Claude I. Smelser v. Norfolk Southern Railway Company, Norfolk and Western Railway Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1997
3Cited by18 opinions
- Stedman v. CooperCourt of Appeals of Washington · 2012
- People v. LeGrandNew York Supreme Court · 2002
- Suanez v. EgelandNew Jersey Superior Court Appellate Division · 2002
- Thoens v. Safeco InsuranceCourt of Appeals of Oregon · 2015
- Cardin v. ChristieAppellate Division of the Supreme Court of the State of New York · 2001
13 more not listed; retrieve them via the Exa API.