Eggers v. Narron

OWEN, Judge.

Appellants were defendants in a personal injury action tried before a jury and resulting in a verdict and judgment adverse to them. The controlling question on this appeal is whether the court committed reversible error in denying the defendants’ proffer into evidence of the deposition of the defendant Robert Eggers, who was not present at the trial.

Rule 1.280(d) R.C.P., 30 F.S.A.,1 governs the use of all or part of a deposition at trial. By express language the deposition testimony may be used only so far as the same is “admissible” under the rules of evidence. In this case,…