Roger A. Frechette, Etc. v. Joseph F. Welch

LEVIN H. CAMPBELL, Circuit Judge.

In this diversity tort action, plaintiffs’ major contention on appeal is that the district court committed reversible error by admitting into evidence two depositions where the conditions for their use, as set forth in Fed.R.Civ.P. 32(a), were not satisfied.

Plaintiffs were seriously injured when defendant’s automobile crossed the center line of a highway and struck, head on, the car in which they were riding. Defendant’s defense was that the loss of control over his vehicle was the result of a sudden, unexpected, and unforeseeable blackout and therefore he was…