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

At 2:30 in the morning James Shields was standing on the shoulder of a highway where his car had broken down when he was struck and killed by a pickup truck driven by Patrick Grandstaff who was driving drunk. A blood sample drawn from a few hours later indicated a blood alcohol level of 0.12 percent. Grandstaff and a friend had been drinking at a bar owned by D. Grandstaff arrived at the bar at about 8:00 p.m. on April 10 and left at about 1:30 a.m. on April 11. P sued seeking damages for the wrongful death of her husband under the dramshop act. D contends that Grandstaff's intoxication was caused by drinking which occurred after he left the bar. Patricia Dudash was an employee of D on April 10 and 11, 1980. She was not employed by D on June 13, 1983, when, with attorneys for Grandstaff and D present, when she provided testimony by deposition which tends to support P's allegations. At the trial, P moved that the deposition be admitted as evidence under MCR 2.308(A)(1)(b). The court ruled that the deposition testimony was inadmissible in the absence of a showing by P that Ms. Dudash was unavailable to testify in person. The jury returned a verdict of $325,000 against Grandstaff but found D not guilty. P appealed,

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