Determining Whether An Affidavit Contradicts or Merely Supplements the Deposition
In Byrd v. Smith (2006), 110 Ohio St.3d 24, 2006 Ohio 3455, 850 N.E.2d 47, the Supreme Court of Ohio held that the "trial court must consider whether an affidavit contradicts or merely supplements the deposition." Byrd, 110 Ohio St.3d 24, 2006 Ohio 3455, 850 N.E.2d 47, paragraph one of the syllabus.
In addition, the Supreme Court of Ohio stated that "an affidavit of a party opposing summary judgment that contradicts former deposition testimony of that party may not, without sufficient explanation, create a genuine issue of material fact to defeat a motion for summary judgment." Byrd, 110 Ohio St.3d 24, 2006 Ohio 3455, 850 N.E.2d 47, paragraph three of the syllabus.