Town of Church Point v. Carriere

I respectfully dissent from the decision of the majority holding that a deposition of a witness is admissible in evidence at the time of a trial on the merits in lieu of the presence of the witness, because of an ambiguous stipulation made at the time of the taking of the deposition, without the requirements of LSA-C.C.P. Art. 1450 being first met. The case cited by the majority as legal authority for this holding, McKinley v. Dalton, 355 So.2d 1033 (La.App. 4th Cir.1978), was one in which a deposition of a witness was admitted at the time of trial because of the unavailability of the…