A $5.2 million verdict in a wrongful death action involving an SUV “rollover” accident must be held in abeyance because the plaintiffs failed to demonstrate that the two crash tests they presented to the jury had gained acceptance within the scientific community when used together and on the same vehicle, the Appellate Division, 1st Department, has ruled.
The appellate panel remanded the case to the New York Supreme Court for a Frye hearing.
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