Brouard v. Convery

70 N.Y.S.3d 820 (2018)

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Brouard v. Convery

New York Supreme Court
70 N.Y.S.3d 820 (2018)

Facts

Denise and Gerard Brouard (plaintiffs) were in a car that collided with one driven by James Convery (defendant), allegedly causing Denise to experience a mild traumatic brain injury. The Brouards initiated a negligence action against Convery and moved to introduce evidence based on diffusion tensor imaging (DTI) to prove the traumatic brain injury. Convery moved to preclude DTI evidence under the Frye standard, which seeks to ensure the reliability of scientific evidence seen by a jury. In the years following the initiation of the case in 2005, DTI technology had advanced. However, a 2014 white paper concluded that DTI and related neural imaging technology were not yet accepted as a means of diagnosis or prognostication of traumatic brain injuries.

Rule of Law

Issue

Holding and Reasoning (Hudson, J.)

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