Moore v. Mercy Med. Ctr.

Citations

• 2026 Ohio 2293

Syllabus

Civil law—Summary judgment—Sham-affidavit rule—When an expert incorporates his Civ.R. 26(B)(7) expert report by reference into a properly framed affidavit, he adopts the contents of the report as part of the sworn affidavit for purposes of Civ.R. 56—Once an expert's report is properly before a court through a sworn affidavit, the court may assess the consistency of the opinions in the report and the affidavit under the sham-affidavit rule—Expert's affidavit contradicted the opinions expressed his prior report without sufficient explanation, so trial court acted within its discretion by striking the affidavit under sham-affidavit rule—Court of appeals' judgment affirmed.