BYRD v. SMITH

MOTION AND PROCEDURAL RULINGS

On review of order certifying a conflict. The court determines that a conflict exists.

RESNICK and o'DONNELL, JJ., dissent.

The parties are to brief the issue stated at page 3 of the court of appeals' Entry Granting Motion to Certify filed April 15, 2005:

"Whether it is proper for courts to disregard an affidavit inconsistent with or contradictory to prior deposition testimony when ruling on a motion for summary judgment?"

The conflict case is Retterer v. Whirlpool Corp. (1996), 111 Ohio App.3d 847, 677 N.E.2d 417.