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Civil Procedure Keyed to Friedenthal
Tatman v. Collins
Citation:938 F.2d 509 (1991)
Plaintiff’s husband was involved in an automobile accident. Almost a year after the accident, Plaintiff’s husband developed a cerebral anuerysm that ruptured and led to his death. Plaintiff sued Defendant after her husband’s death. Her complaint alleged, among other things, that his death was a result of the accident inasmuch as it adversely affected his blood pressure, which caused the ruptured aneurysm. The husband’s treating physician provided deposition testimony during discovery, but a scheduling conflict prevented his attendance at trial. The trial court excluded the deposition testimony because it was taken early in the case and because of the doctor’s geographic proximity to the forum state. The trial court also excluded testimony of another doctor, who relied on the treating physician’s testimony. The trial court granted Defendant’s motion for a directed verdict on Plaintiff’s wrongful death claim. On the survivor’s claim, the jury found that the husband’s injury was not caused by the accident.
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