Yahnke v. Carson
In Yahnke v. Carson, 230 Wis. 2d 747, 604 N.W.2d 34 (Wis. Ct. App. 1999) review granted (Jan. 18, 2000), the Court considered whether a party could create a genuine issue of material fact sufficient to defeat summary judgment with affidavits which conflict with prior deposition testimony.
The Court recognized that the federal courts have adopted a rule that allows a court to disregard the affidavit and grant the motion for summary judgment in such circumstances.
However, the Court concluded that we were not at liberty to adopt the federal rule because the supreme court in Morris v. Juneau County, 219 Wis. 2d 543, 579 N.W.2d 690 (1998), stated that it was the proper forum for determining whether to adopt the rule.
Accordingly, the Court held in Yahnke that the Court could not disregard the affidavits.