Denise v. Eli Lilly & Co.

MEMORANDUM AND ORDER

KAPLAN, District Judge.

This is a product liability case arising out of injury allegedly sustained by Denise Rubel as a result of her mother’s use during her pregnancy of diethylstilbesterol. The case is scheduled for trial on March 9, 1995. The matter is before the Court on plaintiffs’ application, dated March 1, 1995 and made pursuant to Fed.R.Civ.P. 32(a)(3)(E), for leave to read in evidence the 1988-89 deposition testimony of Dr. Lawrence Jackman, who treated Mrs. Rubel from May 1976 through September 1980, despite the fact that Dr. Jackman practices in this District…