9/20 Significant Appellate Ruling, Toxicoses Proof of Causation!! Dr. Shoemaker

[Guest guest]

Dear Friends,

Please pass this information on to those who could benefit from the information. Appellate decision regarding proof of causation of mycotoxicoses.

Wonderful Judgment. Just out. Headnote says it all.

HEADNOTE

MONTGOMERY MUTUAL INSURANCE COMPANY v. JOSEPHINE CHESSON ET AL.,

"TRIAL COURT DID NOT ERR OR ABUSE ITS DISCRETION IN CONCLUDING THAT THE METHODOLOGIES EMPLOYED BY APPELLEES’ EXPERT WITNESS, DR. SHOEMAKER, IN HIS DETERMINATION REGARDING CAUSATION DUE TO EXPOSURE TO MOLD WERE NOT NEW OR NOVEL SCIENTIFIC TECHNIQUES REQUIRING APPLICATION OF THE FRYEREED TEST."

NO. 1270, SEPTEMBER TERM, 2005

FRYE v. UNITED STATES, 293 F. 1013 (D.C. CIR., 1923);REED v. STATE, 283 MD. 374 (1978); CSX TRANSP., INC. v.MILLER, 159 MD. APP. 123 (2004), CERT. GRANTED, 384 MD.581 (2005), CERT. DISMISSED, 387 MD. 351 (2005);

If you want a copy of the actually ruling, send an email to snk1955@...

Sharon Kramer