Tri-Cities Hospital Authority v. Sheats

The instant case raises an important issue in regard to the meaning of our holding in Chambers v. C. & S. Nat. Bank, 242 Ga. 498 (249 SE2d 214) (1978). While I agree with the judgment of affirmance, I believe the majority’s “direct contradiction” test for determining the effect of discrepancies in the respondent’s testimony on summary judgment is not adequately explained.

In Chambers, this court attempted to frame a rule governing self-contradictory statements made by a party opposing summary judgment. The rule adopted by the court is taken from an early Supreme Court opinion, Western & A. R.…