Dykes v. Raymark Industries, Inc.
United States Court of Appeals for the Sixth Circuit
801 F.2d 810 (1986)
Mrs. Dykes (plaintiff) offered the deposition of Dr. Smith, a deceased former medical director for asbestos producer Johns-Manville, taken in a separate 1976 case, against National Gypsum (defendant) in her own asbestos-injury suit; National Gypsum objected that the deposition was inadmissible hearsay under FRE 804(b)(1) but never articulated the specific circumstances underlying its objection or explained why Johns-Manville wasn't its predecessor in interest, and the judge admitted the deposition, resulting in a substantial jury verdict for Mrs. Dykes.
Whether Federal Rule of Evidence 804(b)(1) provides a hearsay rule exception for an unavailable declarant's former testimony.