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CHESSON v. MONTGOMERY MUTUAL INS.

No. 97, September Term, 2012.

75 A.3d 932 (2013)

434 Md. 346

Josephine CHESSON, et al. v. MONTGOMERY MUTUAL INSURANCE COMPANY.

Court of Appeals of Maryland.

September 24, 2013.

Attorney(s) appearing for the Case

Gerald F. Gay (Arnold, Sevel and Gay P.A., Towson, MD), on brief, for petitioners.

Nancy J. Courson (Dirska & Levin, Columbia, MD), on brief, for respondent.

Mark A. Behrens, Esq. , Christopher E. Appel, Esq. , Shook, Hardy & Bacon, L.L.P., William L. Anderson, Esq. , Kieran J. Tuckley, Esq. , Crowell & Moring, LLP, Washington, DC, for amicus curiae brief of Coalition for Litigation Justice, Inc., Chamber of Commerce of the United States of America, American Insurance Association, American Chemistry Council, American Coatings Association, and NFIB Small Business Legal Center in Support of Respondent.

Argued before BARBERA, C.J. HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, BELL, JJ.

BATTAGLIA, 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...

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