Legal Opinion

Chesson v. Montgomery Mutual Insurance

Court of Appeals of Maryland

Decided September 24, 2013No. 97PublishedCited by 11 opinions

1Opinion of the CourtBattaglia, J.

When an expert opinion is offered to support the existence of new or novel scientific theory or methodology, “the basis of that opinion must be shown to be generally accepted as reliable within the expert’s particular scientific field.” Reed v. State, 283 Md. 374, 381, 391 A.2d 364, 368 (1978), citing Frye v. United States, 293 F. 1013, 1014 (1923). The conundrum presented in the instant Petition for Certiorari 1 involves the meaning of “general acceptance” in the context of what was offered as a “differential diagnosis”2 that *351exposure to mold in a water-damaged office building allegedly…

2Cases cited12 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. People v. KellyCalifornia Supreme Court · 1976
  4. Reed v. StateCourt of Appeals of Maryland · 1978
  5. United States Gypsum Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1994

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3Cited by11 opinions

  1. Rochkind v. StevensonCourt of Appeals of Maryland · 2020
  2. Savage v. StateCourt of Appeals of Maryland · 2017
  3. Abruquah v. StateCourt of Appeals of Maryland · 2023
  4. State v. MatthewsCourt of Appeals of Maryland · 2022
  5. Deborah Kay Harris, Administratrix v. CSX TransportationWest Virginia Supreme Court · 2013

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