Borawick v. Shay

68 F.3d 597 (1995)

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Borawick v. Shay

United States Court of Appeals for the Second Circuit
68 F.3d 597 (1995)

RW

Facts

Borawick (plaintiff) underwent hypnosis sessions to treat her panic attacks and physical illness. While under hypnosis, Borawick recollected having been sexually abused as a child by Christine and Morrie Shay (defendants). Borawick sued the Shays for damages. Pretrial evidence showed: (1) the hypnotist had no formal training in psychiatry or psychology, (2) there was no permanent record of the procedures the hypnotist followed, (3) the hypnotist’s only recollection of Borawick's treatment was based on her deposition, and (4) Borawick made uncorroborated accusations of childhood sexual abuse against other individuals. The trial judge granted the Shays' motion in limine to exclude Borawick's testimony based on her hypnotically-induced recollections. Borawick appealed to the United States Court of Appeals for the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Walker, J.)

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