Roberti

INTRODUCTION

Plaintiff Michael Roberti, a minor, by and through his guardian ad litem, Mary Roberti, appeals from a judgment of dismissal entered in favor of defendant Andy’s Termite & Pest Control, Inc. Plaintiff alleged that he was injured as a result of his exposure to a pesticide applied by defendant at plaintiff’s home. The trial court granted defendant’s motion in limine to exclude the introduction of expert testimony to the effect that plaintiff’s autism was caused by exposure to the pesticide, and thereafter entered a judgment of dismissal. Plaintiff contends on appeal that the expert testimony at issue is not subject to the admissibility test of People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ], based upon which the trial court granted defendant’s motion in limine. We agree and reverse the judgment in favor of defendant, concluding that the trial court applied a threshold admissibility test to plaintiff’s expert testimony, akin to the federal rule of Daubert, which is not applicable under California law.

FACTUAL AND PROCEDURAL BACKGROUND

Variously stated, plaintiff suffers from “chronic static encephalopathy,” brain damage (“mild…