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TRASCHER v. TERRITO

No. 2011-CC-2093.

89 So.3d 357 (2012)

Joseph C. TRASCHER, et al. v. Peter TERRITO, et al.

Supreme Court of Louisiana.

May 8, 2012.

Attorney(s) appearing for the Case

Blue Williams, LLP, Brian Carl Bossier , Metairie, LA, Crawford Lewis, PLLC, Samuel Milton Rosamond, III , Baton Rouge, LA, Lee, Futrell & Perles, LLP, Gary Allen Lee , New Orleans, LA, for Applicant.

Courington, Kiefer & Sommers, LLC, Kaye N. Courington , Forman Perry Watkins Krutz & Tardy, LLP, R. Dean Church, Jr. , Frilot, LLC, John J. Hainkel, III , New Orleans, LA, Hailey, McNamara, Hall, Larmann & Papale, LLP, Christopher Kelly Lightfoot , Hebbler & Giordano, LLC, Charles V. Giordano , Metairie, LA, Kuchler Polk Schell Weiner & Richeson, LLC, Deborah DeRoche Kuchler , Logan Law Office, LLC, James Robert Logan, IV , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, Kristopher Todd Wilson , Martzell & Bickford, Scott R. Bickford , Roshawn Husband Donahue , Phelps Dunbar, LLP, Barbara L. Arras , Simon, Peragine, Smith & Redfearn, LLP, Susan B. Kohn , New Orleans, LA, Willingham, Fultz & Cougill LLP, Thomas L. Cougill , for Respondent.

VICTORY, J.

This writ application involves the admissibility of a video deposition taken to perpetuate testimony where the deposition was halted due to the deponent's failing health and fatigue, and the deponent died before his deposition could be continued and before he could be cross-examined by opposing counsel. After reviewing the record and the applicable law, we find that while most of the video deposition is inadmissible, parts of the deposition are admissible...

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