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LEBLANC v. PUBLOW

No. 85-560.

129 N.H. 117 (1987)

ROGER AND DENISE LEBLANC v. DAVID G. PUBLOW, M.D.

Supreme Court of New Hampshire.

March 5, 1987.

Attorney(s) appearing for the Case

Moquin & Daley P.A., of Manchester (Richard C. Moquin on the brief, and Edmund P. Daley orally), for the plaintiffs.

Ransmeier & Spellman, of Concord (Diane L. Perin on the brief, and Lawrence S. Smith orally), for the defendant.

BATCHELDER, J.

In this medical malpractice action, the jury returned a verdict for the defendant, and the plaintiffs appeal on the ground that the Superior Court (Goode, J.) erred by admitting the deposition of a non-party witness without a showing of unavailability, in violation of Rule 804 of the New Hampshire Rules of Evidence (hereinafter Rule 804). We affirm the verdict because the deposition was admissible under RSA 517:1, which was still in effect at...

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