Bogan v. Kreski

THOMPSON, Judge.

Bogan, the defendant below, appeals an order granting appellees’ motion for new trial in a negligence action in which the appellees were awarded $15,000 total damages. We reverse.

Bogan contends the trial court erred in granting appellees’ motion for new trial on the grounds that the trial court had improperly refused to admit the deposition of Dr. Russell C. Packard into evidence. We agree that the trial court correctly refused to admit the doctor’s deposition in evidence and that it was error to grant a new trial because of that refusal.

David and Linda Sue Kreski filed suit…