Donaldson v. Central Illinois Public Service Co.

141 Citing cases

  1. Trach v. Fellin

    2003 Pa. Super. 53 (Pa. Super. Ct. 2003)   Cited 71 times   3 Legal Analyses
    Holding that the logical process of extrapolation is a generally accepted methodology for supporting expert testimony

    With the foregoing in mind, we consider these extra-jurisdictional cases. ¶ 35 In Donaldson v. Central Illinois Public Service Co., 199 Ill.2d 63, 262 Ill. Dec. 854, 767 N.E.2d 314 (2002), for example, the plaintiffs, who were parents of four children exposed to coal tar during the clean-up of a former coal gasification plant site, brought suit against Central Illinois Public Service Co. ("CIPS") and three of its contractors. According to the parents, their children developed neuroblastoma, a rare form of cancer that attacks the peripheral nervous system, as a result of various acts or omissions committed by CIPS and/or its contractors during the clean-up.

  2. Kane v. Motorola, Inc.

    335 Ill. App. 3d 214 (Ill. App. Ct. 2002)   Cited 35 times   1 Legal Analyses
    Holding that a party losing a summary judgment motion cannot complain about missing evidence if he failed to submit a Rule 191(b) affidavit

    In Illinois, "the exclusive test for the admission of expert testimony is governed by the standard first expressed in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)." Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 76-77, 767 N.E.2d 314 (2002). This standard, also referred to as the "general acceptance" test, indicates that scientific evidence is admissible "if the methodology or scientific principle upon which the opinion is based is `sufficiently established to have gained general acceptance in the particular field in which it belongs.'"

  3. People v. Prante

    2021 Ill. App. 5th 200074 (Ill. App. Ct. 2021)   Cited 4 times

    ¶ 65 "Illinois law is unequivocal: the exclusive test for the admission of expert testimony is governed by the standard first expressed in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)." Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 76-77 (2002), overruled on othergrounds by In re Commitment of Simons, 213 Ill. 2d 523, 530-32 (2004) (adopting a dual standard of review for Frye rulings). The Frye standard, also known as the "general acceptance" test, "dictates that scientific evidence is only admissible at trial if the methodology or scientific principle upon which the opinion is based is 'sufficiently established to have gained general acceptance in the particular field in which it belongs.' "

  4. People v. Luna

    2013 Ill. App. 72253 (Ill. App. Ct. 2013)   Cited 17 times
    Taking judicial notice of unequivocal and undisputed prior judicial decisions or technical writings on the subject

    “General acceptance” of a methodology does not mean “universal acceptance,” and “it does not require that the methodology * * * be accepted by unanimity, consensus, or even a majority of experts.” Simons, 213 Ill.2d at 530, 290 Ill.Dec. 610, 821 N.E.2d 1184;Donaldson v. Central Illinois Public Service Co., 199 Ill.2d 63, 76–77, 262 Ill.Dec. 854, 767 N.E.2d 314 (2002), abrogated on other grounds by Simons, 213 Ill.2d at 530, 290 Ill.Dec. 610, 821 N.E.2d 1184. Under Frye, we inquire as to the general acceptance of a methodology, not the particular conclusion reached by an examiner or the application of the methodology in a particular case.

  5. Northern Trust Co. v. Burandt Armbrust

    403 Ill. App. 3d 260 (Ill. App. Ct. 2010)   Cited 11 times

    In Illinois, the admission of expert testimony is governed by the standard first expressed in Frye. Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 76-77 (2002), overruled on other grounds, In re Commitment of Simons, 213 Ill. 2d 523 (2004). Commonly called the "general acceptance" test, the Frye standard dictates that scientific evidence is admissible at trial only if the methodology or scientific principle upon which the opinion is based is "sufficiently established to have gained general acceptance in the particular field in which it belongs."

  6. Northern Trust v. Burandt Armbrust

    No. 2-08-0193 (Ill. App. Ct. May. 26, 2010)

    In Illinois, the admission of expert testimony is governed by the standard first expressed in Frye. Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 76-77 (2002), overruled on other grounds. In re Commitment of Simons, 213 Ill. 2d 523 (2004).

  7. In re Commitment of Simons

    213 Ill. 2d 523 (Ill. 2004)   Cited 137 times
    Upholding the use of actuarial risk assessment instruments, including the VRAG, after Frye challenge in sexual dangerousness case

    In Illinois, the admission of expert testimony is governed by the standard first expressed in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 76-77 (2002). Commonly called the "general acceptance" test, the Frye standard dictates that scientific evidence is admissible at trial only if the methodology or scientific principle upon which the opinion is based is "sufficiently established to have gained general acceptance in the particular field in which it belongs."

  8. Molitor v. BNSF Ry. Co.

    2022 Ill. App. 211486 (Ill. App. Ct. 2022)   Cited 3 times

    Accordingly, in an action under the FELA in Illinois, the Frye test is the standard exclusively used to determine the admission of expert testimony. Id. at 854-55; see Donaldson v. Central Illinois Public Service Co., 199 Ill.2d 63, 76-77 (2002), abrogated in part on other grounds by, In re Commitment of Simons, 213 Ill.2d 523 (2004); In re Detention of New, 2014 IL 116306, ¶ 25. "The Frye standard, commonly called the 'general acceptance' test, dictates that scientific evidence is only admissible at trial if the methodology or scientific principle upon which the opinion is based is 'sufficiently established to have gained general acceptance in the particular field in which it belongs.'" Donaldson, 199 Ill.2d at 77 (quoting Frye, 293 F. at 1014).

  9. Molitor v. BNSF Ry. Co.

    2022 Ill. App. 121486 (Ill. App. Ct. 2022)

    Accordingly, in an action under the FELA in Illinois, the Frye test is the standard exclusively used to determine the admission of expert testimony. Id. at 854-55; see Donaldson v. Central Illinois Public Service Co., 199 Ill.2d 63, 76-77 (2002), abrogated in part on other grounds by In re Commitment of Simons, 213 Ill.2d 523 (2004); In re Detention of New, 2014 IL 116306, ¶ 25. "The Frye standard, commonly called the 'general acceptance' test, dictates that scientific evidence is only admissible at trial if the methodology or scientific principle upon which the opinion is based is 'sufficiently established to have gained general acceptance in the particular field in which it belongs.'"

  10. People v. Taylor

    335 Ill. App. 3d 965 (Ill. App. Ct. 2002)   Cited 17 times
    Holding that such actuarial instruments constitute a scientific methodology

    Additionally, in determining whether an expert is qualified to render an opinion based on novel scientific evidence, Illinois courts follow the test set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). See Donaldson v. Central Illinois Public Service Co., 199 Ill. 2d 63, 81-82 (2002). The Frye standard, commonly known as the "general acceptance" test, provides that scientific evidence is admissible at trial only if the methodology or scientific principle upon which the opinion is based is "`sufficiently established to have gained general acceptance in the particular field in which it belongs.'"