Nichols v. Retreat

Reiber, CJ.

¶ 1. Plaintiffs in this medical negligence action appeal from a judgment, based on a jury verdict, in favor of defendant, the Brattleboro Retreat. Plaintiffs contend the court erred in: (1) admitting the deposition testimony of an expert witness without finding that the witness was unavailable; and (2) denying a motion for mistrial or new trial based on defense counsel’s alleged misconduct. We conclude that the admission of the deposition testimony was error, and reverse and remand. In light of this conclusion, we do not consider the claimed error based on counsel’s alleged…