Mitchell v. Golden

WALKER, Judge.

Defendants present two arguments to this Court on appeal: (1) the trial court erred in failing to exclude Constance Mitchell’s affidavit and in denying defendants’ motion for summary judgment; and (2) the trial court erred in failing to grant defendants’ motion for a directed verdict.

Defendants first contend that plaintiff admitted in her deposition that prior to 1987 her use of the roadway had not been hostile or adverse and that she never claimed the roadway as her own. They argue that because of this admission, summary judgment should have been granted in their favor, and…