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SHIELDS v. REDDO

Docket No. 81575, (Calendar No. 6).

432 Mich. 761 (1989)

443 N.W.2d 145

SHIELDS v. REDDO

Supreme Court of Michigan.

Decided July 24, 1989.

Attorney(s) appearing for the Case

Bushnell, Gage & Reizen (by Scott D. Moore) for the plaintiff.

Holahan, Malloy, Maybaugh & Monnich (by J. Michael Malloy, III); (Plunkett & Cooney, P.C., by John P. Jacobs and Ernest R. Bazzana, of counsel) for the defendants.

GRIFFIN, J.

In this dramshop action,1 we are required to decide whether the deposition given by a former employee of the defendant bar owner was admissible as evidence at trial, despite the rule against hearsay, where plaintiff had made no showing that the deponent was unavailable to testify in person. Contrary to plaintiff's contention that the deposition should have been admitted under a court rule, MCR 2.308(A)(1)(b), we conclude that...

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