Rebecca K. Devlin Successfully Defeats Plaintiff's Motion
Rebecca K. Devlin successfully defeated plaintiff's motion, which sought to preclude the defense's pharmaceutical/toxicological expert from testifying at trial or, in the alternative, to conduct a Frye Hearing prior to jury selection to determine the admissibility of his testimony. In this Supreme Court, Suffolk County case, the defense expert opined that plaintiff's urinalysis tested positive for cocaine at the time of the accident. Plaintiff argued that the defense expert had no basis for that conclusion, since the expert could not tell from the results of the urinalysis exactly when the cocaine was ingested, or how much. The Court denied the branch of plaintiff's motion that sought a Frye Hearing, finding that the dispute involves toxicology, and not an area of novel science. The Court further concluded that there was no legal basis for preclusion of the expert's testimony.