Plaintiff-deponent gave testimony that would tend to not establish liability. Based on plaintiff-deponent's testimony, there would be no triable issue of material fact; defendant should win. The plaintiff-deponent then introduced evidence from other witnesses that tended to establish liability. Permissible in light of the sham affidavit rule? Yes. Nelson v. City of Davis (here) (contains a nice discussion of sham affidavit rule).
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