Personale v. Hixon

Order, insofar as appealed from, unanimously reversed, without costs, and plaintiff’s motion to depose Frances Hixon granted. Memorandum: Plaintiff’s decedent died from injuries received in an auto accident which occurred in January, 1981. Decedent’s car struck the rear of a car driven by defendant Joanne Hasseltine which had stalled in front of it. Decedent’s car was subsequently struck from behind by a truck driven by defendant Karl Hixon. Kathy Hasseltine was the only passenger in the first car and Frances Hixon was the only passenger in the truck. ¶ At a hearing held in May, 1981 Joanne…