Thomas v. Shear

Linda Thomas v. David Shear No. 2669, Sept. Term, 2018 Opinion by Leahy, J. Motion for Summary Judgment > Contradictory Affidavit or Statement The trial court correctly determined that affidavits of the plaintiff’s experts were materially inconsistent with the prior deposition testimony of the experts and should be disregarded pursuant to Maryland Rule 2-501(e). The affidavits, in which the experts opined that kidney stones, and not the surgical clip, caused Ms. Thomas’s hydronephrosis in 2006 is explicitly opposite to their sworn deposition testimony that the surgical clip caused Ms.…