BYRD v. SMITH

No. 2005-0797.

110 Ohio St.3d 24 (2006)

2006-Ohio-3455

BYRD ET AL., APPELLANTS, v. SMITH; CONTINENTAL CASUALTY COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided July 19, 2006.


Attorney(s) appearing for the Case

Gary A. Rosenhoffer, for appellants.

Reminger & Reminger Co., L.P.A., Robert W. Hojnoski, and Joseph W. Borchelt, for appellee.


LANZINGER, J.

{¶ 1} This case is before the court on a certified conflict over whether a party's affidavit that is inconsistent with or contradictory to the party's deposition testimony should be considered by the trial court in deciding a motion for summary judgment.

Procedure

{¶ 2} Bryan Byrd was injured in an automobile accident in Clermont County on August 3,...

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