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Ezor v. Thompson12/3/1999
nt has followed, and they are free to do so. Given this record however, this Court should not do so on the basis that the Supreme Court might do so.
Tuten, Abdul-Majeed, and Ford are valid precedent and are buttressed by the rationale underlying the Prophecy analysis. The trial court did not err in construing the contradictory testimony of Ezor's expert against her.
2. Ezor argues in the alternative that the trial court erred because the contradiction was explained. However, Ezor did not explain the contradiction in the trial court but instead argued that Dr. Hays' deposition testimony did not contradict his affidavit testimony. Therefore, it cannot be said that the trial court abused its discretion in holding that Ezor failed to explain the contradiction or in granting the defendants' motion for summary judgment.
I am authorized to state that Presiding Judge Andrews joins in this Dissent.
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