Affirmation in Support of Motion for Frye Hearing

STATE OF NEW YORK )

) :ss

COUNTY OF ____________ )

SIDNEY L. SCHMIDLAP, hereby affirms and says:

1. I am a member of the law firm of SCHMIDLAP & SCHMIDLAP, attorneys for defendant Acme Motor Car Corp. (“AMCC”). I am fully familiar with the facts set forth herein. I submit this affidavit in support of AMCC’s motion for a hearing pursuant to Frye v. United States, 293 F. 1013 (DC Cir 1923), on the issue of whether plaintiff’s expert’s opinions constitute novel scientific evidence, and whether these opinions have been arrived at using principles and procedures which would be expected to generate results generally accepted as reliable within the scientific community.

2. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

   [This wrongful death product liability suit arises from a single vehicle accident which occurred on or about ______________ at approximately 2:40 AM. A 1989 Acmemobile driven by Victoria Timm was headed __________ on the _______ when it collided with a steel pole off the traveled roadway at the intersection with ___________________, in _______. Ms. Timm was brought to ____________________ Hospital, where she expired several hours later. Ms. Timm had been...