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CSX Transp. Inc. v. Belcher

Robison v. George, 253 Ga. App. 635 2002, is overruled to the extent it holds that the rule articulated in Prophecy Corporation v. Charles Rossignol Inc. 256 Ga. 27 1986, does not apply when a party's testimony is contradicted by an unsworn statement, which the party has verified as accurate under oath.

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We granted a writ of certiorari to consider whether Prophecy Corporation v. Charles Rossignol, Inc. 1 applies to contradictions between a party’s unsworn statement that he affirms under oath as true and other portions of his sworn testimony. Because a party who affirms under oath the truth and accuracy of an unsworn statement has incorporated the statement into his sworn testimony, we hold that Prophecy when the unsworn statement that has been adopted contradicts other portions of the party’s sworn testimony and reverse the Court of Appeals of Georgia’s contrary holding.2 In this case, however, appellee Belcher did not affirm the truth and accuracy of his unsworn statement, and we therefore affirm the judgment of the court of appeals. Belcher was injured while working as a trainman for CSX Transportation, Inc. During his deposition in a lawsuit he filed against CSX, Belcher was shown an unsworn statement he had given to a CSX investigator shortly after the accident. Later in the same deposition, Belcher gave an account of the accident that was more favorable to his legal position than the one in the unsworn statement.

Relying on Prophecy , the trial court discounted Belcher’s favorable rendition of the accident and, based on the remaining evidence in the record, granted summary judgment to CSX. The court of appeals reversed, holding that Prophecy does not apply to contradictions created by unsworn statements even when they are affirmed under oath as true.

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