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June 30, 2004


Motion for Summary Judgment Requires Credible Evidence, LSC Holds

If a party moving for summary judgment will, at trial, have the burden of persuasion on an issue, that party's motion must be supported with credible evidence that would warrant a directed verdict if not controverted at trial. If such a party supports his motion solely with his own self-serving testimony to overcome a presumption of negligence, and that testimony "contains significant discrepancies which would logically be considered by a fact-finder in determining his credibility and in weighing the evidence," then the party is not entitled to summary judgment. "Application of he general rule that a court, ruling on a motion for summary judgment, must accept an affiantís testimony or affidavit as credible or true is not appropriate in this particular case, where the moverís testimony absolving himself from liability contains substantive contradictions or discrepancies that would ordinarily tend to call his credibility into doubt if presented to a fact-finder." Wadsworth v. Garrett, No. 2004-C-0806 (La. 6/25/04).

Posted by RPW at June 30, 2004 10:22 AM
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