(Download) "Luciano C. Raymundo Defendant-Appellant V." by Court Of Appeals Of Kentucky * Book PDF Kindle ePub Free
eBook details
- Title: Luciano C. Raymundo Defendant-Appellant V.
- Author : Court Of Appeals Of Kentucky
- Release Date : January 31, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This cause is before us upon the petition of the Hammond Clinic Association (Plaintiff-Appellee), hereinafter called "Clinic," to transfer the cause from the Court of Appeals, Third District, which reversed the trial courts grant of summary judgment in favor of the Clinic. Said decision of the Court of Appeals is found at Raymundo v. Hammond Clinic Association, (1980) Ind. App., 405 N.E.2d 65. The Petition to Transfer is now granted pursuant to Ind. R. App. P. 11(B)(2)(c) in that said decision is in conflict with the decision and opinion rendered by said court in Podgorny v. Great Central Ins. Co., (1974) 160 Ind. App. 244, 253, 311 N.E.2d 640, 647 which correctly held that affidavits in support or opposition to motions for summary judgment "must be made on personal knowledge, shall show that the affiant is competent to testify to the matters included, and must set forth such facts as would be admissible in evidence. The assertion of Conclusions of law or opinions by one not qualified to testify to such, by affidavit, will not suffice." (Emphasis added).