The Florida Supreme Court has quashed an appellate court’s ruling in a mesothelioma case and recommended that a final judgment issued by a trial court be reinstated.
On Oct. 15,  the Supreme Court concluded that the 4th District Court of Appeals decision was “inconsistent without case law” and rejected that court’s reasoning in an appeal filed by Richard DeLisle in his mesothelioma suit against Crane Co., et al.
DeLisle argued that the 4th District Court decision “expressly and directly conflicts with a decision of this court on a question of law,” the Supreme Court ruling stated.
In its ruling, the court rejected the 4th District’s adoption of the Daubert standard when it reviewed the admission of expert testimony, referring to the 1993 U.S. Supreme Court decision in Daubert v. Merrel Dow Pharmaceuticals Inc.
“With our decision today, we reaffirm that Frye, not Daubert, is the appropriate test in Florida courts,” the Supreme Court wrote.
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