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FRECHETTE v. WELCH

No. 79-1426.

621 F.2d 11 (1980)

Roger A. FRECHETTE, etc., et al., Plaintiffs, Appellants, v. Joseph F. WELCH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 6, 1980.

Attorney(s) appearing for the Case

Harvey D. Carter, Jr., Bennington, Vt., with whom Witten & Carter, P.C., Bennington, Vt. and Barto & Gfroerer, Concord, N. H., were on brief, for plaintiffs, appellants.

Ernest L. Bell, III, Keene, N. H., with whom Theodore H. Parent, and Bell & Falk, Keene, N. H., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and WYZANSKI, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

In this diversity tort action, plaintiffs' major contention on appeal is that the district court committed reversible error by admitting into evidence two depositions where the conditions for their use, as set forth in Fed.R.Civ.P. 32(a), were not satisfied.

Plaintiffs were seriously injured when defendant's automobile crossed the center line of a highway and struck, head on, the car in which they were riding. Defendant's...

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