Estate of Clyde M. Fuller v. Samuel Evans, et al.

The issue in this case is whether the Counter-Plaintiff may testify at trial regarding transactions and conversations with the deceased Counter-Defendant when the deceased Counter-Defendant's pre-trial discovery deposition had been taken, but was incomplete. We hold that the trial court, pursuant to the Dead Man's Statute, properly prohibited the Counter-Plaintiff from testifying about transactions and conversations with the deceased Counter-Defendant. Therefore, we affirm the ruling of the trial court and remand.