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Ford v. Philadelphia Housing Authority

Lead-exposure plaintiff's experts were accredited neuroscientists and thus fell within exception to prohibition against unlicensed practice of psychology; as such, experts could give and interpret standardized tests to determine effects of lead exposure on plaintiff's mental abilities.

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Argued: November 6, 2001

Tyree Ford (Plaintiff), a minor, by his parent and natural guardian, Louise R. Pringle, appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) denying his request to remove a compulsory non- suit and dismissing his complaint with prejudice.

On October 20, 1999, Plaintiff, a nine-year-old boy represented by his mother, filed a complaint against the Philadelphia Housing Authority (Housing Authority) alleging that his exposure to lead paint while living in Housing Authority properties since his birth caused him to suffer neurological and intellectual deficits. Prior to the start of the trial, counsel for the Housing Authority moved to preclude the testimony of Plaintiff’s experts, Theodore I. Lidsky, Ph.D. (Dr. Lidsky) and Jay S. Schneider, Ph.D. (Dr. Schneider), alleging that because neither doctor was a licensed psychologist and their administration and interpretation of certain tests *fn1 constituted the practice of psychology, they were in violation of the Professional Psychologists Practice Act, Act of March 23, 1976, P.L. 136, as amended, 63 P.S. �1201 – 1218 (Psychologists Practice Act), making them incompetent to testify.

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