QUESTION
If I verbally agreed to depose about a case, do I need to legally complete the deposition?
Asked on Sep 14th, 2015 on Workers Compensation - Ohio
More details to this question:
I built a house in OH 2 years ago. An inspector was seriously injured during construction while trying to step up into the house where no steps existed. The inspector has a law suit and workman's comp action against the builder and asked my wife and I if we recall that steps were in place at the time. We verbally told the inspector's lawyer that steps were not in place but the builder says they have pictures of them in place. The steps were not i place but we regret verbally telling the lawyer, who wants to depose us as to that fact. We now are worried about a possible retaliation suit from the builder against us if they lose their suit against the inspector which is for a large amount of money. Are we bound to complete the depostion after vebally agreeing to?
1 ANSWER
If you no-show for the deposition, then the attorney will issue a subpoena for you to attend. If you ignore the subpoena, then you can be held in contempt and a capias/warrant could be issued for you.
IMO, you should consult with a local attorney to review all of the pleadings to determine whether there is any potential liability for you.
A better question is who owned the house at the time of the incident. When I had a house built, ownership did not transfer too me until after the house was finished and all inspections were done. If you did not legally own the house at the time, then you likely have no liability to anyone.
Answered on Sep 18th, 2015 at 12:38 PM
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