Sullivan v. City of Baton Rouge

hi respectfully concur with the result reached in the majority opinion. I write separately, however, to express my belief that the trial court abused its discretion in refusing to allow the deposition of Michael Daigle, the City’s expert witness, for use at the trial.

First, I think representations by the City’s attorney to the court, as an officer of the court,, along with documentation of email messages he received from Mr. Dai-gle indicating that Mr. Daigle’s unavailability was “on the advice of [his] cardiologist,” sufficiently established Mr. Daigle’s unavailability under LSA-C.C.P. art.…