Navy Fed. Credit Union v. McAfee
Case Details
- Judge(s)
- Bock
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal of summary judgment denial
Related Laws
No specific laws identified for this ruling.
Outcome
Navy Fed. Credit Union's summary judgment motion was denied and reversed on appeal because the plaintiff's affidavit lacked foundation regarding the affiant's personal knowledge of the credit union's record-keeping system and defendant's account balance.
Excerpt
SUMMARY JUDGMENT — CIV.R. 56 — AFFIDAVITS — BUSINESS RECORDS — EVID.R. 803(6) — PERSONAL KNOWLEDGE: Plaintiff was not entitled to summary judgment on its action on account where the affidavit and evidence attached to plaintiff's motion for summary judgment were inadmissible. The trial court abused its discretion when it considered the affidavit and evidence attached to plaintiff's motion for summary judgment because the affidavit did not cite the affiant's personal knowledge as a basis for the statements in the affidavit and the affiant's job title does not create an inference that the affiant had personal knowledge of either plaintiff's record-keeping system or documents allegedly showing defendant's outstanding balance.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Browse Related
Facing something similar at work?
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.
See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.