In an action seeking a declaration that defendant was barred from collecting delay damages under the parties’ construction subcontract, summary judgment for plaintiff is reversed where the district court erred by: 1) refusing to consider discovery documents produced by plaintiff in its initial disclosures; and 2) discounting two affidavits submitted by defendant without first analyzing their admissibility under the sham affidavit rule.
Read Law Co. v. Mohawk Constr. & Supply Co., Inc., No. 08-3076
Appellate Information
Filed August 17, 2009
Judges
Opinion by Judge Lucero
Counsel
For Appellant:
David E. White, Spencer Fane Britt & Browne LLP
Joshua C. Dickinson, Spencer Fane Britt & Browne LLP
For Appellee:
Ron Campbell, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS
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