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Luna v. Luna, 2020 UT 63 (Aug. 20, 2020)

Aug 20, 2020

The underlying case involved a car wreck after which the plaintiff sued the driver of his vehicle and the car that hit him.  The other driver settled, and the district court granted summary judgment for the driver because the plaintiff testified in a deposition that the driver had the green light.  The Court of Appeals affirmed and held deposition testimony was a judicial admission.  The Supreme Court reversed holding “that a party’s deposition testimony is best categorized as an ordinary evidentiary admission that can be contradicted with other appropriate evidence.”