Wade Clinic of Chiropractic, P.C., and Dr. Thomas Zink v. Diane Rayburn

Supreme Court of Alabama

Calhoun County | 812 So.2d 1159 | June 1, 2001


Expert's Affidavit did nto Contradict Deposition Testimony as they were Based on Separate Sets of Facts

The plaintiff, Diane Rayburn, filed a medical malpractice lawsuit against the Wade Chiropractic Clinic and Dr. Thomas Zink for an injury to her jaw allegedly caused by negligent chiropractic care. The defendants filed two motions: for summary judgment (arguing there was no genuine issue of fact), and to strike the affidavit of Rayburn's expert, Dr. Triano, which contradicted his prior deposition testimony.

The trial court denied both motions, and the defendants appealed to the Alabama Supreme Court. The supreme court affirmed the lower court's decision, ruling that the expert's affidavit did not contradict his deposition testimony as they were based on separate sets of facts.

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