In a recent Texas auto accident decision, a woman appealed from a take nothing judgment after a jury trial in her personal injury lawsuit against a defendant, claiming injuries when the defendant’s vehicle hit hers from behind. The jury decided that both parties had been negligent. They believed that the plaintiff had caused 51% of the accident, and the defendant had caused 49%. Accordingly, a take nothing judgment was rendered. She appealed.
The plaintiff claimed that the lower court had made a mistake in not admitting the defendant’s deposition testimony. She argued that if a party doesn’t appear at trial but appears to be deposed, the deposition transcript must be admitted.
The appellate court explained that whether evidence is admitted is within the lower court’s discretion. If a party introduces some recorded testimony, the other party asks questions. An adverse party can ask about any other subject. The adverse party is allowed to bring forward any other recording that is needed to explain or allow the jury to understand the section that the opponent introduced. The purpose of the rule is to protect against a distortion that could be created if part of the evidence is introduced.