Tatman v. Collins
United States Court of Appeals for the Fourth Circuit
938 F.2d 509 (4th Cir. 1991)
On April 15, 1986, Monte L. Tatman was rear-ended by Bobby Wayne Collins (defendant). Tatman was subsequently treated by Dr. Joseph Amico for injuries sustained in the accident. Nearly a year later, Tatman passed away from an aneurysm allegedly related to the accident. Rebecca Tatman (plaintiff) brought suit against Collins and his employer, H & T Trucking Services, Inc. (defendant) for wrongful death. Early in the discovery process, the defendants deposed Dr. Amico. However, Dr. Amico was unable to appear at trial. Thus, Tatman sought to introduce the deposition testimony of Dr. Amico on grounds that Dr. Amico was over 100 miles away from the courthouse and was therefore unavailable The trial court excluded the testimony because it had been taken solely for discovery purposes and because Dr. Amico was not over 100 miles away from the district in which the courthouse sat. The exclusion of the deposition testimony led to the trial court’s grant of the defendants’ motion for a directed verdict.
Rule of Law
Holding and Reasoning (Niemeyer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.