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: Stark County Law Library Blawg

"Expert Affidavit That Contradicts Prior Deposition Does Not Create Factual Issue to Prevent Summary Judgment"

Unless Expert Sufficiently Explains Reason for the Contradiction

From the site: "2009-1602. Pettiford v. Aggarwal, Slip Opinion No. 2010-Ohio-3237.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-3237.pdf

View oral argument video of this case.

The Supreme Court of Ohio ruled today that when the affidavit of a retained nonparty expert is submitted in opposition to a pending motion for summary judgment, and statements in the affidavit contradict testimony given by the same expert during a prior deposition, the affidavit does not create a "genuine issue of material fact" that prevents summary judgment unless the expert sufficiently explains the reason for the contradiction..."

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Source: The Supreme Court of Ohio, 14 July 2010

Full post as published by Stark County Law Library Blawg on July 15, 2010 (boomark / email).

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