dissenting.

I respectfully dissent and would grant the writ. The district court made a finding Ms. Gervais was unavailable to testify at trial. Although plaintiff was not present at Ms. Gervais’ deposition, plaintiffs insurer, a party with a similar interest to that of plaintiff, was present at the deposition. Therefore, the hearsay exception set forth in La.Code Evid. Art. 804(B)(1) is applicable. Accordingly, I would reverse the judgment of the district court, which granted plaintiffs motion in limine to exclude Ms. Gervais’ testimony.

In re National Fire and Marine Insurance Company; Sherman, Lisa Fasola;— Defendant(s); Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 2004-8206; to the Court of Appeal, Fourth Circuit, No. 2013-C-0355.

Denied.