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Luna v. Luna, 2019 UT App 57 (April 11, 2019)

Apr 11, 2019

The plaintiff was injured in a car accident while his sister was giving him a ride to work. He sued his sister and the other driver, claiming both were negligent.  The plaintiff testified unequivocally in his deposition that his sister had the green light.  The court held that a party’s deposition testimony constitutes a binding judicial admission if four factors are present: 1) the statement is made under oath in the course of the current judicial proceeding; 2) the testimony is unequivocal; 3) the statement is about a factual issue within the party’s knowledge; and 4) giving conclusive effect to the testimony is consistent with the public policies of conserving judicial resources.  Applying this test, the court held that the plaintiff’s testimony about the color of the light was a binding judicial admission that he could not dispute using the other driver’s testimony.