P1007 In an action based on the allegation that plaintiffs had been exposed by defendants to mold mycotoxins, results of a mycotoxin antibody test that was conceded by the person who administered it to be new technology validated solely by himself and his colleagues failed to satisfy requirements of the Kelly-Frye test and were properly excluded from evidence; environmental sampling data that showed the presence of mold spores on the subject premises lacked any probative value because such spores do not always carry mycotoxins and these spores were not shown to do so except by the mycotoxin antibody test that had been validly excluded, so the sampling data also was properly excluded; the opinion of an expert that was based on the excluded mycotoxin antibody test results and the excluded environmental sampling data also was properly excluded.

GEFFCKEN v D'ANDREA (Excluded Evidence) 137 CA4 1298 [See: EvC 402, 352, 801; People v Kelly 17 C3 24; Frye v US 293 F 1013; Lockheed Litigation Cases 115 CA4 558, P/AT 3/04]