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ANDERSON v. AKZO NOBEL COATINGS, INC.

No. 82264-6.

260 P.3d 857 (2011)

172 Wn.2d 593

Julie ANDERSON, individually and on behalf of the Estate of Dalton Anderson, and Darwin Anderson, individually, Appellants, v. AKZO NOBEL COATINGS, INC., and Keith Crockett, a Washington resident, Respondent.

Supreme Court of Washington, En Banc.

September 8, 2011.

Attorney(s) appearing for the Case

Lincoln Charles Beauregard , John Robert Connelly Jr. , Connelly Law Offices, Tacoma, WA, for Appellants.

Kelly Patrick Corr , William Harrison Walsh , Steven Walter Fogg , Corr Cronin Michelson Baumgardner & Preece, LLP, Seattle, WA, for Respondents.

Steven P. Krafchick , Pamela Susan Van Swearingen , Krafchick Law Firm PLLC, Seattle, WA, amicus counsel for National Fibromyalgia Association.

Stewart Andrew Estes , Keating, Bucklin & McCormack, Inc., P.S., Seattle, WA, amicus counsel for Washington Defense Trial Lawyers.

George M. Ahrend , Ahrend Law Firm PLLC, Moses Lake, WA, Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, amicus counsel for Washington State Association for Justice Foundation.

CHAMBERS, J.

¶ 1 The trial court in this case ruled that under Washington courts' application of Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923), there must be general acceptance in the relevant scientific community that a particular type of in utero toxic exposure can cause a particular type of birth defect before expert testimony on causation is admissible. We disagree. We hold that the Frye test is not implicated if the theory and...

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