 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Price v. Philip Morris12/15/2005
e Internet survey was admitted in evidence during the testimony of Dr. Cohen, a credentialed survey expert, who validated the survey. Dr. Cohen testified that the Knowledge Networks survey was "proper" and represented "appropriate ways of gathering information from smokers via survey method." Dr. Dennis, who conducted the survey, is highly credentialed in survey research practices and was recognized by the trial court as a qualified and experienced expert in survey research.
On appeal, defendant has not challenged the trial court's qualification of Dr. Dennis as an expert, nor could it legitimately question his qualifications. At the time of the trial, defendant's own damage expert, Dr. Viscusi, was working with Dr. Dennis on a government- sponsored survey research project utilizing the Knowledge Networks survey methodology. Similarly, defendant's survey expert, Dr. Mathiowetz, had co-authored a learned treatise with Dr. Dennis concerning survey techniques.
Admittedly, Dr. Dennis was subjected to extensive cross-examination, and his conclusions were challenged by defendant's expert witness, Dr. Mathiowetz. Nonetheless, the record reveals no pretrial request for a Frye hearing on the issue of general acceptance of the Knowledge Networks survey methodology. See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). Although defendant moved to strike Dr. Dennis' testimony regarding the survey on foundation and Donaldson grounds, no challenge to the general acceptance of his survey methods was enunciated for the record. Thus, no coherent requisite challenge to the general acceptance of the survey method appears either in the trial record or in defendant's briefs. Frye issues are reviewed under an abuse of discretion standard. Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 76 (2002). Accordingly, there is no basis in the record to conclude the trial court abused its discretion in admitting the Knowledge Networks survey because of its authentication by credentialed witnesses and defendant's failure to lodge a sufficient challenge to the general acceptance of the survey method.
Thus, in addition to the points asserted by Justice Freeman, I conclude that neither section 10b(1), nor the admission of the Knowledge Network survey, provides a basis for reversing the trial court's judgment. Therefore, I respectfully dissent.
JUSTICE FREEMAN joins in this dissent.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|