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Palmer v. Varner5/25/2000
e response were unsworn, uncertified documents.
We conclude that, as a matter of law, Palmer's responsive "summary judgment evidence" to Dr. Varner's affidavit is inadequate to raise a material fact issue. Palmer did not present any competent summary judgment evidence to support his allegation that Dr. Varner examined him in 1997. Rather, Palmer presented only unsubstantiated allegations and unsworn testimony. Allegations in responsive pleadings are not competent summary judgment evidence. Laidlaw Waste Sys., Inc. v. City of Wilmer, 904 S.W.2d 656, 660 (Tex. 1995); Terry v. Southern Floral Co., 927 S.W.2d 254, 259 (Tex. App.-Houston [1st Dist.] 1996, no writ). Likewise, unsworn testimony is not competent summary judgment evidence. Trimble v. Gulf Paint & Battery, Inc., 728 S.W.2d 887, 889 (Tex. App.-Houston [1st Dist.] 1987, no writ).
The uncontroverted summary judgment evidence shows that Dr. Varner examined Palmer only on June 9, 1995, which is more than four years before Palmer filed this lawsuit. In light of this uncontroverted evidence, we conclude the trial court properly granted summary judgment based on the two-year statute of limitations. Accordingly, we overrule appellant's points of error.
All pending motions are denied.
We affirm the judgment.
Do not publish. Tex. R. App. P. 47.
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