Legal Opinion
Byrd v. Smith
Ohio Supreme Court
Decided July 19, 2006No. 2005-0797PublishedCited by 251 opinions
1Opinion of the CourtLanzinger, J.
{¶ 1} This case is before the court on a certified conflict over whether a party’s affidavit that is inconsistent with or contradictory to the party’s deposition testimony should be considered by the trial court in deciding a motion for summary judgment.
Procedure
{¶ 2} Bryan Byrd was injured in an automobile accident in Clermont County on August 3, 2000, when a pickup driven by Glenn Smith went left of center and hit his van. The van that Byrd was driving was owned or leased by Byrd’s employer, Fred DeBra Company, and was insured by a commercial policy issued to DeBra’s parent company, Emcor…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Dresher v. BurtOhio Supreme Court · 1996
- Temple v. Wean United, Inc.Ohio Supreme Court · 1977
- Westfield Insurance v. GalatisOhio Supreme Court · 2003
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3Cited by251 opinions
- Pettiford v. AggarwalOhio Supreme Court · 2010
- Williams v. ALPLA, Inc.Ohio Court of Appeals · 2017
- Craddock v. the Flood Co., 23882 (1-16-2008)Ohio Court of Appeals · 2008
- Middleton v. HolbrookOhio Court of Appeals · 2016
- Miller v. Potash Corp. of Saskatchewan, Inc.Ohio Court of Appeals · 2010
246 more not listed; retrieve them via the Exa API.