Good points, all. Thanks so much to everyone who responded
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From: list
To: list
*** Member’s Message ****
Sender: Eric G. Johnson
Date: 1/5/2026 2:21:53 PM
You can oppose and argue that without proof that the plaintiff is in extremis, the depo/trial testimony is unnecessary. That said, you want to consider the possible advantage of having another shot at the plaintiff, and that if the plaintiff *does* die between now and trial she may look much better (and less sympathetic) to a jury.
It sounds like you got some good testimony/admissions out of the plaintiff during your prior deposition, that you are afraid she will try and address but that would happen at trial regardless .
Good luck
Eric G. Johnson
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From: list
Sent: Monday, January 5, 2026 2:03 PM
To: list
Subject: RE: Legal question
*** Member’s Message ****
Sender: Victoria Lombardi
Date: 1/5/2026 1:59:20 PM
Yes, but we already have her deposition. The plaintiff knew she had stage IV cancer at the time. Why did they not videotape it then? What about the EBT transcript we already have?
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From: list
Sent: Monday, January 5, 2026 1:26 PM
To: list
Subject: Re: Legal question
*** Member’s Message ****
Sender: Eric Strober
Date: 1/5/2026 1:15:17 PM
Have had it done. The preservation EBT is direct first by plf atty. you can then do any cross you might want to do as if youre on trial.
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From: list
Sent: Monday, January 5, 2026 7:08:06 PM
To: list
Subject: [EXTERNAL] Legal question
*** Member’s Message ****
Sender: Victoria Lombardi
Date: 1/5/2026 12:52:36 PM
We took the deposition of a plaintiff who has stage Iv ovarian cancer. She was able to testify at length without any issues.
I now get a notice to take a preservation EBT (videotaped) of the same plaintiff at her home. Plaintiff states she is in hospice and they want to preserve her testimony.
But we already have her testimony.
Do I have any grounds to oppose this? If not, how does it work with the certified deposition transcript we already have.
Any thoughts?
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