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.
Judges: Hawkins, J.
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12 cases in this archive are cited by this case.
- Temple v. Wean United, Inc.Ohio Supreme Court· 1977-06-29· cited 3,797×
- Dresher v. BurtOhio Supreme Court· 1996-03-06· cited 1,035×
- Perma Research and Development Company v. The Singer CompanySecond Circuit· 1969-04-25· cited 537×
- Jiminez Ex Rel. Estate of Serrano v. All American Rathskeller, Inc.Third Circuit· 2007-09-21· cited 382×
- Patricia Babrocky v. Jewel Food Company and Retail Meatcutters Union, Local 320, DefendantsSeventh Circuit· 1985-12-12· cited 359×
- State ex rel. Corrigan v. SeminatoreOhio Supreme Court· 1981-06-24· cited 184×
- Turner v. TurnerOhio Supreme Court· 1993-09-14· cited 79×
- Jones v. MurphyOhio Supreme Court· 1984-07-11· cited 78×
- State ex rel. Ebbing v. RickettsOhio Supreme Court· 2012-10-17· cited 52×
- Pettiford v. AggarwalOhio Supreme Court· 2010-07-14· cited 24×
- William F. Netsky, as of the Estate of Frank W. Netsky, Deceased v. United StatesThird Circuit· 1988-11-08· cited 11×
- Moore v. Mercy Med. Ctr.Ohio Court of Appeals· 2024-07-08· cited 1×
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