Bray v. Bi-State Development Corp.
1997 Mo. App. LEXIS 700, 1997 WL 191834, 949 S.W. 2d 93 (1997)
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Rule of Law:
Computer-generated evidence, such as a simulation, is admissible when a proper foundation is laid establishing its reliability through expert testimony that the software is accurate and generally accepted in its field, the input data is accurate, and the results have been verified.
Facts:
- Bi-State Development Corp. operated the Gateway Arch Parking Garage with a policy of turning off every other light during daylight hours.
- In the garage, curbs were painted optic yellow and parking spaces were marked with white lines.
- On the morning of May 28, 1990, Rosemary Bray was walking on an elevated pedestrian area within the garage.
- The light directly above the area where Bray fell was off, consistent with the garage's policy.
- Bray saw a yellow line, which she mistook for a parking space marker rather than a curb.
- While walking, Bray stepped off the curb of the elevated area, lost her balance, and fell.
- As a result of the fall, Bray broke her shoulder, arm, and kneecap.
Procedural Posture:
- Rosemary Bray filed a personal injury lawsuit against Bi-State Development Corp. in a Missouri trial court.
- The case was submitted to a jury on a theory of negligence.
- The jury returned a verdict in favor of the defendant, Bi-State, finding Bray to be 100% at fault.
- Bray (appellant) appealed the judgment entered on the jury's verdict to the Missouri Court of Appeals, challenging the trial court's evidentiary rulings.
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Issue:
Is a computer-generated chart simulating lighting conditions admissible as evidence when a proper foundation is laid by an expert who can attest to the accuracy and general professional reliance on the software, even if that expert did not personally write the program or operate the computer?
Opinions:
Majority - Crane, Presiding Judge
Yes, a computer-generated chart is admissible under these circumstances. The admissibility of a computer simulation requires a foundation sufficient to show the evidence is reliable, which can be established without testimony from the programmer. Here, the expert witness, Millenbruck, laid a sufficient foundation by testifying that: 1) he provided the accurate input data based on the garage's actual lighting specifications; 2) the software program is generally used and relied upon by engineers in the lighting design field, which satisfies the general acceptance standard; and 3) he verified the accuracy of the computer-generated results by taking his own physical light measurements at the scene, which conformed to the simulation. The court found that an expert's reasonable reliance on such software, coupled with verification of inputs and outputs, is sufficient to authenticate the evidence.
Analysis:
This case establishes a foundational standard in Missouri for the admission of computer-generated simulations in litigation. It clarifies that the proponent of the evidence does not need to present testimony from the software's creator or prove the internal workings of the computer code. Instead, the focus is on the reliability and acceptance of the software within the relevant professional community, the accuracy of the data input, and the verification of the output. This pragmatic approach facilitates the use of modern technological evidence by allowing qualified experts who use these tools in their profession to lay the necessary foundation, aligning the rules of evidence with contemporary professional practices.
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