Legal Opinion

Advanced Health Care, Inc. v. Guscott

Court of Appeals of Washington

Decided February 26, 2013No. 41969-6-IIPublishedCited by 2 opinions

1Opinion of the CourtHunt, J.

¶1 Arthur Guscott appeals the superior court’s in limine exclusion of his three expert witnesses’ causation testimonies and its resultant summary judgment dismissal of his tort counterclaims against Advanced Health Care Inc. (AHC), which had sued him for failure to pay for services. He argues that the superior court (1) erroneously ruled that his experts’ testimonies did not meet the Frye test1 and misapplied the Frye test by requiring scientific proof that every aspect of his experts’ causation opinions was not novel; (2) should have instead applied the Daubert test2 to evidence supporting…

2Cases cited19 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. State v. RussellWashington Supreme Court · 1994
  4. State v. GregoryWashington Supreme Court · 2006
  5. State v. CopelandWashington Supreme Court · 1996

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3Cited by2 opinions

  1. Lake Chelan Shores Homeowners Ass'n v. St. Paul Fire & Marine InsuranceCourt of Appeals of Washington · 2013
  2. Lake Chelan Shores Homeowners Assoc. v. St. Paul Fire & Marine Ins. Co.Court of Appeals of Washington · 2013

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