John Levi Bird, Appellant-Plaintiff, v. Valley Acre Farms, Inc., David Bagshaw, Appellees-Defendants., 177 N.E.3d 459

Summary

HOLDINGS: [1]-In a negligence case, the trial court properly granted a motion from one of the defendants to strike an attorney e-mail and attorney affidavit designated in opposition to a defense motion for summary judgment. Plaintiff proffered the attorney affidavit sixty-two days after the motion for summary judgment was filed, without an order granting an extension of time to designate materials in opposition to the motion. Thus, the affidavit was untimely; [2]-The appellate court could not say as a matter of law, without factual development, that a release that was executed in May 2020 was a release executed in exchange for proper consideration while a release that was executed in December 2020 was not. Accordingly, summary judgment was improvidently granted for defendants.