Parker Wins Defense Verdict After Lengthy Trial in Living Mesothelioma Case

Posted on Friday, 17 January 2014

 

DRI members Edward R. Hugo and James C. Parker of Hugo Parker won a victory for their client from the appellate court recently, preserving the right to a fair deposition. In this case, the plaintiff filed an asbestos-related personal injury complaint naming 70 defendants and sought trial preference based on a doctor’s declaration that he had a limited life expectancy. His attorney noticed the plaintiff’s deposition and conducted a direct examination lasting 14 hours over several days. After defendants conducted 14 hours of discovery deposition, plaintiff’s counsel suspended the deposition, contending that Code of Civil Procedure § 2025.290 limited the deposition of a witness to 14 hours of total testimony.


After the Los Angeles Superior Court declined to intervene, citing a lack of discretion to grant more time, Edward Hugo and James Parker filed a writ seeking relief from the Court of Appeal of the State of California. The appellate court granted HP’s Petition of Writ of Mandate and ordered the Los Angeles Superior Court to exercise its discretion to grant more time in light of “the need of defendants for further examination of plaintiff.”
To learn more about DRI, an international membership organization of attorneys defending the interests of business and individuals in civil litigation, visit www.dri.org .

 

View the trial summary.

 

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