Legal Question in Personal Injury in New York

I have a question about the ethic of a lawyer in a case of my dad was diagnosised with colon cancer in March 2010 My parents were the defendant in a slip and fall case on his property from January 2009... He was asked to give a deposition June 2010 he was heavily medicated and my mother objected to him being questioned because of the drugs he was taking and during the deposition it was aware to her that his answers to basic questions were wrong or confused, she says she attempted to inform the lawyer again. but he did not want to stop the depostion. My dad passed away one month after the deposition. and my mother was appointed over his estate. She wants to know if there is anything she can do about his deposition under a drug induced state ( the deposition lasted 7 hrs ) and he was no good after that. Is there anything that can be done?

Asked on 2/03/11, 10:31 am

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Were there any questions or statements or objections made on the record regarding your father having taken medication before the deposition began? If not, and your attorney now believes his testimony is unreliable, he might consider making a motion to have at least portions of the testimony redacted or otherwise stricken from the record. The other side can be expected to strenuously oppose any such effort. The judge will want to know why objections weren't raised at the time your Dad testified. Best, M. E. Zuller

Answered on 2/08/11, 4:55 pm

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