Wales v. Williford

I respectfully dissent. The majority affirms the granting of the summary judgment by holding that the deposition of the plaintiff’s expert was not properly before the trial court nor properly before us. As to whether the deposition is properly before us, I leave that to another day. (Although if it is not before us, how can we determine if it was or was not on file at the time of the summary judgment hearing?) The real crux of the matter is whether the deposition could be considered by the trial court. I readily grant that rule 166a applies to the deposition on file at the time of the…