Cantu v. Peacher

OPINION

PHIL HARDBERGER, Chief Justice.

This medical malpractice case, which terminated at the trial level by summary judgment in favor of the physician, involves the issue of the legal effect of variations between the deposition testimony and the affidavit testimony of the same witness. There are two lines of cases: one holds that the conflicting inferences from the deposition and the affidavit create a fact issue that will defeat a motion for summary judgment. Randall v. Dallas *7Power & Light Co., 752 S.W.2d 4, 5 (Tex.1988). The other holds that if a witness’s own affidavit contradicts the…