Stoczynski v. Livermore

Opinion by

Judge FISCHBACH.

In this medical malpractice action, the defendant, William S. Livermore, appeals the judgment entered on a jury verdict awarding $205,000 to the plaintiff, Roberta Stoczynski. We affirm.

I

Livermore first contends that the trial court erred as a matter of law in refusing to permit him to introduce the deposition of one of his expert witnesses in lieu of live testimony pursuant to C.R.C.P. 32(a)(3)(B) and (D). He argues that, while the trial court has some discretion in admitting deposition testimony, such discretion is limited to a determination of whether the…