Rebecca Tatman, Administratrix of the Estate of Monte Tatman Rebecca Tatman, Individually v. Bobby Wayne Collins H & T Truck Services, Inc.

OPINION

NIEMEYER, Circuit Judge:

During the course of trial in this personal injury litigation, the district court excluded the deposition of a treating physician offered by the plaintiff because (1) it had been taken only for discovery purposes, and (2) the witness was within 100 miles of the borders of the district (although more than 100 miles from the courthouse). Because the plaintiffs other critical expert testimony was dependent on the excluded deposition, the court struck that testimony and directed a verdict for the defendants. For the reasons that follow, we conclude that Fed.R.Civ.P.…