Frampton v. Hutcherson

OPINION

BAKER, Judge.

Appellants-defendants Mike and Luanne Frampton appeal the trial court's denial of their motion for summary judgment. Specifically, the Framptons argue that the trial court erred in denying their summary judgment motion because appellee-plaintiff Ruby Renea Hutcherson amended her complaint in order to create an issue of fact regarding her cause of action against the Framptons for negligence. Concluding that Hutcherson is estopped from changing her testimony in order to produce an issue of fact, we reverse and remand.

FACTS

The facts most favorable to Hutcherson reveal that on…