Cleary v. Burlington Industries, Inc.

Carley, Chief Judge.

After filing suit against appellant-defendant, appellee-plaintiff discovered that its attorney would probably have to be called as a witness in its behalf. Appellee then secured the services of another attorney to serve as its counsel and the pre-trial order listed appellee’s original attorney as one of appellee’s witnesses. Appellant objected when appellee did call its original attorney as its first witness at trial, urging a lack of competency to serve as a witness on appellee’s behalf. The trial court overruled appellant’s objection and appellee’s original attorney was…