Smart v. Cain

HODGES, Justice.

This is an appeal from a judgment upon a jury verdict for plaintiff in a personal injury and property damage case arising out of an intersection automobile accident.

The dispositive issue is whether the trial court erred in refusing to admit into evidence the deposition of the defendant.

Defendant was not present when the case was called for trial. Defendant’s attorney entered a motion for continuance of the trial on the grounds of defendant’s absence and that he had been unable, after due diligence, to locate the defendant and advise her the matter had been set for trial. A…