SMART cannot mischaracterize injured woman's testimony to eviscerate negligence claim
When the Plaintiff gave her deposition in Riley v. Suburban Mobility Author. for Reg'l Transport, the defense attorneys mis-characterized her lay opinions about the driver's conduct and claimed she had denied any negligence by the driver. SMART then sought summary disposition of the case and appealed when it was denied. The Court of Appeals rejected the defendant's appeal, pointing out that viewing the plaintiff's testimony objectively, she had not conceded that the driver was not negligent and had raised a genuine issue of material fact.