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TATMAN v. COLLINS

No. 90-2611.

938 F.2d 509 (1991)

Rebecca TATMAN, Administratrix of the Estate of Monte Tatman; Rebecca Tatman, individually, Plaintiffs-Appellants, v. Bobby Wayne COLLINS; H & T Truck Services, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1991.

Attorney(s) appearing for the Case

Harry G. Deitzler, argued (Crystal L. Hawkins, George J. Joseph, Preiser Law Offices, Charleston, W.Va., on brief), for appellant.

Mary Hylton Sanders, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, W.Va., for appellees.

Before HALL and NIEMEYER, Circuit Judges, and KISER, District Judge for the Western District of Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

During the course of trial in this personal injury litigation, the district court excluded the deposition of a treating physician offered by the plaintiff because (1) it had been taken only for discovery purposes, and (2) the witness was within 100 miles of the borders of the district (although more than 100 miles from the courthouse). Because the plaintiff's other critical expert testimony was dependent on the excluded deposition...

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