Lujan v. Navistar, Inc. (Opinion)Annotate this Case
A trial court’s authority to distinguish between genuine and non-genuine fact issues includes the authority to apply the so-called “sham affidavit rule” when confronted with evidence that appears to be a sham designed to avoid summary judgment.
Under the sham affidavit rule, if a party submits an affidavit that conflicts with the affiant’s prior sworn testimony and does not provide a sufficient explanation for the conflict, a trial court may disregard the affidavit when deciding whether the party has raised a genuine fact issue to avoid summary judgment. In this commercial dispute, the trial court struck an affidavit as a sham under the rule and granted partial summary judgment. A divided panel of the court of appeals affirmed and adopted the sham affidavit doctrine, which had not previously been explicitly recognized by the court of appeals. The Supreme Court affirmed the court of appeals’ decision as to the partial summary judgment grant, as the trial court properly concluded that the affidavit in question did not raise a genuine fact issue sufficient to survive summary judgment. The Court then remanded to the court of appeals to consider whether any claims remained unresolved.