Kelly-Frye mandates the exclusion from evidence of test results to determine facts when the tests are generated by a new scientific machine, mechanism or instrument which is unproven or experimental. The principle was first stated in Frye v. United States (1928) 293 F. 1013. It was later adopted by the California Supreme Court in People […]
Articles
Calculating Property Damage in Pollution and Environmental Cases – Anatomy of a $2,000,000 Property Damage Settlement, Part III
INTRODUCTION In May, 1994, forty-two families in Sutter Creek, California learned their homes, which had been constructed between 1975 and 1985, were built on land contaminated with mine tailings containing arsenic. In California’s Gold Country background levels of arsenic in soil are approximately 22 parts per million [ppm]. But on these properties, arsenic levels were […]
Environmental Pollution and Property Damage: Overcoming the Defenses of Consent and Custom and Practice – Anatomy of a $2,000,000 Property Damage Settlement, Part II
INTRODUCTION In May, 1994, forty-two families in Sutter Creek, California learned their homes, which had been constructed between 1975 and 1985, were built on land contaminated with mine tailings containing arsenic. In California’s Gold Country background levels of arsenic in soil are approximately 22 parts per million [ppm]. But on these properties, arsenic levels were […]
Truck Crashes Caused by Drivers Asleep at the Wheel
One overlooked aspect of traffic accidents, especially ones caused by sleep-deprived truck drivers, is the role of sleep apnea. The sleep disorder afflicts tens of millions of people, particularly middle-aged men who are overweight. Apnea, which literally means “without breath,” is when someone stops breathing for a period of time because of a blockage in […]
The Hazards of Overhead Electrical Catenary Railroad Systems: A Detailed Case Report Of A $8.5 million Recovery
On Friday, May 29, 1981, the nation’s press reported an $8.5 million settlement paid by Consolidated Rail Corporation (Conrail) for a sixteen year old San Jose boy, Steven Throop. Thirteen year old Steven suffered severe electrical burns on July 4, 1978 when he climbed upon a boxcar parked on Conrail’s mainline in Washington, D.C. The […]
