L.M. by and Through Dussault v. Hamilton

*117 *806 ¶ 1 L.M. suffered a severe injury during birth and subsequently sued Laura Hamilton, the midwife who delivered him, for negligence. Hamilton prevailed at trial. L.M. now argues that the trial court erred by admitting evidence that natural forces of labor could have caused the injury and testimony from a biomechanical engineer to the same effect. L.M. argues that the trial court should have excluded the evidence under Frye 1 and the testimony under ER 702. 2

¶ 2 We affirm. Under Frye, the trial court must exclude evidence that is not based on generally accepted science.

*118 Anderson v. Akzo Nobel…