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Personal Injury, Unsworn Statement Insufficient to Defeat Partial Summary Judgment, Duty to Inspect

The federal district court has held that unsworn witness statements are insufficient to defeat a motion for summary judgment.  However, an affidavit signed by a witness swearing to the truth of the statements contained in his statement was sufficient.  Based on the latter, the court said plaintiff had raised material issues of fact sufficient to defeat summary judgment on certain negligence claims against a company that constructed scaffolding in the cargo hold of a oil barge and had obligations under OSHA to inspect the scaffolding.  The court said that to the extent plaintiff's objection and certain claims relied on an unsworn witness statement, the motion was granted.  Matias v. Amex, Inc., C.A. 10-80S (D.R.I. Mar. 4, 2013). 

http://www.sfandllaw.com/Practice-Areas/Personal-Injury-Defense.shtml

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