Kopacz v. Jack Eckerd Corp.

This is an appeal from a summary judgment in a personal injury case. The trial court erred in striking an affidavit of the plaintiff which affidavit contained statements different from those she earlier made in a deposition. The affidavit was filed to defend against the defendant’s motion for summary judgment. Appellee urges us to apply the rule in Ellison v. Anderson, 74 So.2d 680 (Fla.1954) which says a party cannot defend against a summary judgment by filing an affidavit to “baldly repudiate [her] previous deposition so as to create a jury issue.” It is our considered judgment that the…