Borawick v. Shay

Borawick (plaintiff) underwent hypnosis to treat panic attacks and illness; while hypnotized she recalled being sexually abused as a child by Christine and Morrie Shay (defendants), and sued them. Pretrial evidence showed the hypnotist had no formal psychiatric or psychological training, kept no permanent record of the procedures, could recall the treatment only from her deposition, and that Borawick had made uncorroborated abuse accusations against others. The trial court excluded Borawick's testimony, and she appealed.

Whether hypnotically refreshed testimony in civil cases is admissible based on an analysis of the totality of the circumstances.