Calhoun v. Traylor

(Filed Dec. 6, 2005)

The majority opinion in this case found that, in granting a partial summary judgment in favor of the defendants below, the circuit court correctly rejected, as a sham affidavit, a supplemental report submitted by one of the plaintiffs experts in response to the motion for partial summary judgment. I concur completely in this resolution of the instant action. I write separately in order to further discuss the sham affidavit rule, to clarify its proper use, and to elaborate on its application in this ease.

I feel it is important to emphasize that the sham affidavit rule is…