Denied.
HUGHES, J., would grant and assigns written reasons.
HUGHES, J. dissenting.
I respectfully dissent and would grant the writ. The district court made a finding Ms. Gervais was unavailable to testify at trial. Although plaintiff was not present at Ms. Gervais' deposition, plaintiff's insurer, a party with a similar interest to that of plaintiff, was present at the deposition. Therefore, the hearsay exception set forth in La.Code Evid. Art. 804...
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