Osborne v. Wenger

I respectfully dissent to the majority's treatment of Issue I. While I agree that Trial Rule 32(D)(8)(a) controls this issue, I believe that the majority's interpretation of *1347the rule is in error. Therefore, I would reverse and grant a new trial.

Initially, the majority fundamentally misconceives the nature of the objection posed to the deposition testimony. Although the majority correctly recognizes that the objection is to the qualifications of Filipowicz to render an opinion on insurability, it incorrectly characterizes the objection for Trial Rule 32(D)(8)(a) purposes as relating to the…