Walley v. Vargas

104 So. 3d 93 (2012)

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Walley v. Vargas

Louisiana Court of Appeal
104 So. 3d 93 (2012)

Facts

Daniel and Alisa Walley (plaintiffs) got into a motor-vehicle accident with Regina Vargas (defendant). The Walleys sued Vargas for damages. The Walleys deposed the investigating officer, Matt Martello. After the deposition, Martello suffered a stroke. The Walleys called Martello as a witness at trial, but Martello could not recall specifics of the accident or his investigation of the accident, including his interviews of the parties involved. Martello also testified that he did not remember giving his deposition. The Walleys sought to introduce Martello’s deposition testimony, arguing that Martello was unavailable as a witness at trial, qualifying the former testimony as an exception to the hearsay rule. The trial court denied the Walleys’ request. The Walleys appealed.

Rule of Law

Issue

Holding and Reasoning (Whipple, J.)

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