Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Drevenak v. Abendschein

Frye admissibility of evidence standard does not apply to evaluation of sufficiency of evidence in District of Columbia.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appeal from the Superior Court of the District of Columbia (Hon. Wendell P. Gardner, Trial Judge)

Argued February 10, 2000

After a bench trial in this medical malpractice matter, which involved a total knee joint replacement and allegations of improperly treated infection, the trial court rendered judgment in favor of appellee, Dr. Walter Abendschein. Appellant Lucinda Drevenak filed a timely appeal, alleging that: (1) the trial court used the wrong legal standard in assessing the expert testimony, and thus, based its judgment on “unsupported” testimony rather than “well-validated, documented and supported testimony”; (2) “the trial court did not utilize the correct standards of Frye *fn1 and Daubert *fn2 in evaluating the defendant’s expert testimony”; and (3) many of the trial court’s findings were clearly erroneous, specifically, those relating to the existence of a “sinus” and “sinus tract” in Ms. Drevenak’s knee. Ms. Drevenak attributed the alleged errors to the trial judge making extensive findings months after trial, without the benefit of a trial transcript. Finding no error; holding that the Frye admissibility of evidence standard does not apply to an evaluation of the sufficiency of the evidence in this jurisdiction; and concluding that the evidence at trial is sufficient to support the trial court’s judgment, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
ATTORNEY - NJ and NY

Wisniewski & Associates, LLC seeks attorney licensed in NJ and NY with 2-5 years experience for its multi-state real estate, land use, ...


Apply Now ›
Labor Relations Counsel

Labor Relations CounselUS-GA-AtlantaJob ID: 2024-0042Type: 4 (Exempt, Bargaining Unit 1 (EB)# of Openings: 1Category: Contract Administratio...


Apply Now ›
Assistant Federal Public Defenders (2 jobs)

ASSISTANT FEDERAL PUBLIC DEFENDERS Two posi...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
Go to Professional Announcements