This section contains the nature of the case and procedural background.

Ps were seriously injured when D's automobile crossed the center line of a highway and struck, head on, the car in which they were riding. D's defense was that the loss of control over his vehicle was the result of a sudden, unexpected, and unforeseeable blackout and therefore he was not negligent. D substantiated his blackout defense with the testimony of three physicians, Drs. Blacklow, Zuckerman, and Turner. The depositions of two of the doctors were admitted at trial despite P’s objections under Rule 32(a)(3). The jury agreed with D and P appealed.

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