Civil procedure — affidavit, conflicting opinion

Posted April 27, 2017 12:08 PM

Where the affidavit of a witness raises questions of material fact, even if the affidavit is ambiguous, summary judgment is inappropriate and should be reversed.The 1st District Appellate Court affirmed in part and reversed in part a decision by Cook County Circuit Judge Thomas W. Murphy.On March 31, 2012, Devin Underwood purchased a “new” Dodge Charger from Jack Phelan Dodge LLC for $34,094.39. Although the automobile had no prior owners other than the dealership, unbeknownst to Underwood the roof had been …

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