Steven Balson-Cohen Prevails in Frye Hearing to Admit Testimony of Biomechanical Expert

On September 9, 2015, Steven Balson-Cohen prevailed in a Frye hearing in Supreme Court, New York County in Rebello v. Nicholas Cab Corp., Index No. 115289/2008. The plaintiff argued that the defendants’ biomechanical expert should be precluded from testifying because he is not qualified to provide an expert opinion as to whether the physical forces involved in the accident are consistent with the forces required to cause the claimed injuries. Mr. Balson-Cohen successfully argued that based upon the correct application of the Frye standard, which provides that an expert will be permitted to testify if his opinions are based on principles that have gained acceptance in the scientific community, the defendant’s biomechanical expert is qualified and will be permitted to testify based upon a proper evidentiary foundation.