WHOLE FOODS MARKET GROUP, INC. Et Al. v. SHEPARD

Because I disagree with the majority that the trial court properly applied the rule under Prophecy Corp. v. Charles Rossignol, Inc.1 in granting summary judgment to Shepard, I respectfully dissent.

The majority correctly notes that, under Prophecy,

when a party has given contradictory testimony, and when that party relies exclusively on that testimony in opposition to summary judgment, a court must “construe the contradictory testimony against him.” In such a case, the court must disregard “the favorable portions of the contradictory testimony” and then decide whether the remaining evidence is…