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Trascher v. Territo
Louisiana Supreme Court
89 So. 3d 357 (2012)
Facts
Joseph Trascher was diagnosed with asbestosis and planned to bring a complaint seeking damages for asbestos exposure. Trascher was in failing health consistent with the diagnosis and petitioned the court to perpetuate his testimony because he did not believe he would live for more than six more months. The court granted the petition, and a deposition was held. After about 15 minutes of direct examination, Trascher became too fatigued to continue. The deposition was recessed, with counsel for the potential defendants planning to conduct cross-examination when the deposition resumed at a later date. Trascher died eight days later, before defense counsel had an opportunity to cross-examine him. Trascher’s wife and daughters (plaintiffs) sued Avondale (defendant) and others for damages on Trascher’s behalf. Avondale moved to strike Trascher’s deposition from the record because the company had not had the opportunity to cross-examine Trascher. The trial court denied the motion. Avondale appealed.
Rule of Law
Issue
Holding and Reasoning (Victory, J.)
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