WASHINGTON v. MASSEY BUSINESS PRODUCTS

89-1116.

576 So.2d 181 (1991)

Kim WASHINGTON and Tyrone R. Washington v. MASSEY BUSINESS PRODUCTS, INC., and Wesley Neal Simmons.

Supreme Court of Alabama.

February 1, 1991.


Attorney(s) appearing for the Case

K. Stephen Jackson, Birmingham, for appellants.

Joel A. Williams of Sadler, Sullivan, Herring & Sharp, Birmingham, for appellees.


MADDOX, Justice.

This appeal presents the question whether the trial court abused its discretion in allowing a party to introduce into evidence, under the provision of Rule 32(a)(3), Ala.R.Civ.P., the deposition testimony of a witness who was also a counterclaim defendant.

Tyrone R. Washington and Wesley Neal Simmons, an employee of appellee Massey Business Products, Inc., were involved in an automobile collision at an intersection in Birmingham, Alabama....

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