Robinson v. Warmington

Plaintiff, Bernard Robinson, appeals from a judgment entered in favor of defendant, Steve Warmington, upon a directed verdict in a small claims action. The issue presented for review is whether the trial court erred in refusing to admit into evidence an evidence deposition taken in a former action involving the same parties and subject matter.

Plaintiff brought this action to recover property damage to his automobile allegedly caused by the negligence of defendant. At trial the only evidence the plaintiff offered was an evidence deposition of him and his wife taken during the pendency of a…