LUJAN v. NAVISTAR, INC.

No. 16-0588.

555 S.W.3d 79 (2018)

Albert LUJAN d/b/a Texas Wholesale Flower Co., Petitioner, v. NAVISTAR, INC., Navistar International Corporation, Navistar International Transportation Corp., International Truck and Engine Corporation, and Santex Truck Centers, Ltd., Respondents.

Supreme Court of Texas.

OPINION DELIVERED: April 27, 2018.

Rehearing Denied September 28, 2018.


Attorney(s) appearing for the Case

Wesley S. Coddou , Sean Michael Reagan , for Petitioner Texas Wholesale Flower Co. and Albert Lujan.

Richard A. Sheehy , Christopher James Kronzer , William J. Collins III , Edward Kiss , for Respondent International Truck and Engine Corporation and Santex Truck Centers, Ltd., Navistar International Transportation Corp., Santex Truck Centers, Ltd., Navistar, Inc. and Navistar International Corporation.


In this commercial dispute, the trial court granted partial summary judgment based on the so-called "sham affidavit rule." Under the rule, if a party submits an affidavit that conflicts with the affiant's prior sworn testimony and does not provide a sufficient explanation for the conflict, a...

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