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Question of Fact Raised by Verified Pleadings Re When Accident Happened

The Court of Appeals (with a dissent) held that a question of fact about when an accident occurred had been raised by plaintiff’s verified pleadings.  The defendant submitted evidence the accident occurred on February 5, making plaintiff’s action untimely.  Plaintiff’s verified pleadings stated the accident occurred on February 10, making plaintiff’s action timely.  In light of the question of fact raised by the verified pleadings, the Court of Appeals reversed the grant of summary judgment to the defendant.  Sanchez v National Railroad Passenger Corp, No 76, CtApp, 4-25-13

 

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Evidentiary Issues Not Preserved for Review

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