ARNOLD, Judge.
Plaintiff contends that "the trial court erred in ruling that the defendant's expert witness, attorney Gwynn Radeker, was `unavailable' and in admitting into evidence the witness Radeker's testimony given at the first trial of this action." We agree that the trial court erred in ruling that Radeker was unavailable and in admitting his testimony, but we find that plaintiff was not prejudiced by the admission of this testimony.
Under Rule 804...
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