Wojitas v. Fifth Avenue Coach Corp.
New York Supreme Court, Appellate Division
23 A.D.2d 685, 257 N.Y.S.2d 404 (1965)
- Written by Steven Pacht, JD
Facts
Charles Williams (defendant) was a bus driver for Fifth Avenue Coach Corporation (Coach) (defendant). Julia Wojitas and her husband (plaintiffs) sued Coach and Williams after Julia was hit by a bus driven by Williams. The Wojitases did not introduce Williams’s deposition testimony into evidence at trial. Nevertheless, the trial court allowed Coach and Williams to read some of Williams’s deposition testimony to the jury. The trial court did so because Williams was unavailable to testify in person due to illness. The jury ruled in favor of Coach and Williams. The Wojitases appealed, arguing that the trial court should not have allowed Williams’s deposition into evidence.
Rule of Law
Issue
Holding and Reasoning ()
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