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PETTIFORD v. AGGARWAL

No. 2009-1602.

126 Ohio St.3d 413 (2010)

2010-Ohio-3237

PETTIFORD, Appellee, v. AGGARWAL, Appellant.

Supreme Court of Ohio.

Decided July 14, 2010.

Attorney(s) appearing for the Case

Lawrence J. White , for appellee.

Arnold, Todaro & Welch Co., L.P.A., and Kevin W. Popham , for appellant.

O'CONNOR, J.

{¶ 1} In this appeal, we address whether an affidavit of a nonparty expert that contradicts the expert's deposition testimony can be used to create a genuine issue of material fact and defeat summary judgment. Appellant, Rajendra Aggarwal, M.D., asserts that appellee, Barbara Pettiford, submitted a sham expert affidavit1 in opposition to Dr. Aggarwal's motion for summary judgment.

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