Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs