Brummet v. Farel

The circuit court ruled that plaintiff made judicial admissions in a pretrial deposition, and on the strength of those admissions, granted summary judgment for defendant. We reverse, holding that the admissions were evidentiary, not judicial, admissions.

Plaintiff was injured while riding as a passenger in a truck driven by his father, defendant. The truck collided with a car driven by Michael Farel.

In support of his motion for summary judgment, defendant attached plaintiffs deposition testimony:

“Q. Do you know whether he [father] applied his brakes or not as he got over to the rail?

A. I…