Tatman v. Collins
United States Court of Appeals for the Fourth Circuit
938 F.2d 509 (4th Cir. 1991)
Relevant factsFree
Tatman's treating physician, deposed early in discovery, became unavailable to testify at trial, and Tatman (plaintiff) sought to introduce his deposition testimony, but the trial court excluded it, reasoning it was taken solely for discovery and that the physician was not over 100 miles from the district in which the courthouse sat, leading to a directed verdict for the defendants (Collins and H&T Trucking).
IssueFree
Whether deposition testimony may be introduced at trial where the deponent is unavailable, even if the deposition was taken solely for discovery purposes.