Should Court Consider Expert's Follow-Up Affidavit Despite Conflict With Earlier Deposition Testimony?
When Deciding Summary Judgment Motion in Medical Malpractice Case
Barbara Pettiford v. Rajendra K. Aggarwal, Case no. 2009-1602
2nd District Court of Appeals (Montgomery County)
ISSUE: In determining whether to grant a motion for summary judgment dismissing a plaintiff's medical malpractice claim for lack of required expert medical evidence, should a trial court disregard an affidavit submitted by the plaintiff's expert witness if substantive statements in the affidavit conflict with the same expert's statements during an earlier deposition, and no explanation for the conflict is provided?