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.