Lesnik v. Duval Ford, LLC

At the risk of offending Aristotle, I disagree that an expert who has no opinion on *582a disputed matter when deposed, but later expresses one in an affidavit, has thereby offered “contradictory” opinions that warrant striking his entire affidavit and entering judgment against a party under the principles of Ellison v. Anderson, 74 So.2d 680, 680-81 (Fla.1954). Ellison provides a classic example of contradictory testimony by a party. The plaintiff “gave her deposition in which she practically absolved the bus driver of negligence” but later filed an affidavit in opposition to a summary judgment…