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Young v. Key Pharmaceuticals Inc.11/25/1991
iven the nature of the lawsuit (product liability), Young's claims, and the position Golub formerly held at Key, Golub's testimony in the Hyde trial could have a significant impact on the resolution of one of the disputed issues in this case. The trial court thus clearly departed from the accepted and usual course of judicial proceedings in refusing to permit the use of Golub's testimony from the Hyde trial.
In light of our holding, we find it unnecessary to address the issue of whether the trial court erred in denying Young's motion to issue letters rogatory for the deposition of Golub in Florida. We therefore grant discretionary review of the June 27 ruling of the trial court as it pertains to Golub's former testimony, accelerate review, and reverse that pretrial ruling of the trial court. The case is remanded to the Superior Court for further proceedings consistent with this opinion.
Disposition
Holding that the trial court had erred in refusing to admit the former testimony of one of the witnesses, the court reverses the denial of the motion to use the prior testimony of that witness.
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