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Pennsylvania Remains a <i>Frye</i> State

By ALM Staff | Law Journal Newsletters |
February 09, 2004

Chief Justice Ralph J. Cappy of Pennsylvania's Supreme Court issued an opinion on Dec. 31, 2003, declaring that the State of Pennsylvania would remain a “Frye state” and would not follow suit with much of the rest of the nation in using the Daubert test to qualify expert witnesses. Grady v. Frito-Lay Inc., PICS Case No. 03-2056 (Pa. Dec. 31, 2003) (Cappy, C.J.; Castille, J., concurring; Newman, J., concurring; Saylor, J., concurring; Lamb, J., concurring).

Background

The Grady case involved a suit by a married couple claiming Frito-Lay was liable under theories of strict liability, breach of warranty and negligence for harm occasioned when Mr. Grady tore his esophagus, allegedly while eating a Doritos corn chip. Plaintiff's expert, a chemical engineer, performed tests on Doritos chips using his finger and a platform gram-balance to determine the downward force needed to break a chip. From the results of these tests, he opined that because the chips were triangular, sharp and not easily broken, they caused the tear in Mr. Grady's esophagus.

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