Opinion

Kiser v. Caudill

  • 215 W. Va. 403
  • 599 S.E.2d 826
Court
West Virginia Supreme Court
Filed
Jul 8, 2004
Status
Published
Author
MeGRAW
On the bench
Maynard, Starcher, Megraw, Stareher, McGraw
Cited by
23 cases
Authority
More cited than 6.3%

holding, generally, that “an affidavit that directly contradicts prior deposition testimony is . . . insufficient to create a genuine issue of fact for trial”

How later courts described this case

  • holding, generally, that “an affidavit that directly contradicts prior deposition testimony is . . . insufficient to create a genuine issue of fact for trial”
  • "Basically, the `sham affidavit' rule precludes a party from creating an issue of fact to prevent summary judgment by submitting an affidavit that directly contradicts previous deposition testimony of the affiant."
  • observing that the rule prevents direct contradiction
  • applying the “sham affidavit” rule.

Written by the judges who cited it.

The opinion

MeGRAW, Justice,

dissenting:

(Filed June 30, 2004)

I dissent to the majority opinion because it deprives the plaintiff of her day in court. This case has been working its way through the system for a dozen years but has yet to reach a jury. Our law strongly favors a decision on the merits by a jury of one’s peers: “[T]he juror is an integral part of our democratic ideal, representing the conscience of the community.” Roberts v. Stevens Clinic Hospital, Inc., 176 W.Va. 492, 513 , 345 S.E.2d 791, 813 (1986) (McGraw, J., dissenting).

Because the majority decision denies the plaintiff any opportunity to present this case to a jury, I must respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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