Duncan v. Horning

STOREY, Justice.

This is an appeal from a summary judgment granted in a dental malpractice suit. The primary question is whether the affidavit of an expert witness who is a party to the suit may constitute sufficient proof to support summary judgment. We hold that it can. We also conclude that plaintiff’s controverting affidavits are not sufficient to raise a fact issue; and that her answers to interrogatories may not be used by her to raise a fact question. Accordingly, we affirm.

Plaintiff sued the defendant, a dentist who had been treating her for about seven years, alleging eight grounds of…