SC06-118 – Jill Marsh v. Robert Earl Valyou, Jr., Et Al.

State: Florida

Docket No: SC06-118

Case Date: 11/21/2007

Preview:Supreme Court of Florida

____________ No. SC06-118 ____________ JILL MARSH, Petitioner, vs. ROBERT EARL VALYOU, JR., et al., Respondents. [November 21, 2007] PER CURIAM. In this case, we decide whether Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), applies to expert testimony causally linking trauma to fibromyalgia. We review Marsh v. Valyou, 917 So. 2d 313 (Fla. 5th DCA 2005), which certified conflict with State Farm Mutual Automobile Insurance Co. v. Johnson, 880 So. 2d 721 (Fla. 2d DCA 2004). In Marsh, the Fifth District Court of Appeal held that Frye does apply and, applying that test, held the testimony inadmissible. See Marsh, 917 So. 2d at 327, 329. The Second District Court of Appeal, on the other hand, concluded that Frye did not apply. Johnson, 880 So. 2d at 723. We have jurisdiction to resolve the certified conflict, see art. V,

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