Opinion

Grady v. Frito-Lay, Inc.

2001 Pa. Super. 382
789 A.2d 735
2001 Pa. Super. LEXIS 3537

Court: Superior Court of Pennsylvania
Filed: Dec 31, 2001
Status: Published
Author: Sole
On the bench: Sole, McEwen, Johnson, Elliott, Eakin, Joyce, Stevens, Musmanno, Melvin
Cited by: 4 cases

The opinion

DEL SOLE, President Judge,

Concurring.

¶ 11 join the opinion of President Judge Emeritus McEwen. However, I believe it appropriate to address the question of who has the burden of proof when expert testimony is challenged.

¶ 2 In my view, when a pre-trial motion is filed challenging an expert, commonly referred to as a Frye hearing, it is the movant who must establish that the expert is not qualified to testify. In that situation, the burden of proof should not be placed on the respondent to establish qualifications.

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