United States Sixth Circuit

In plaintiff's suit against a jeweler arising from a claim that when she brought her diamond ring into defendant's store for resizing, her large, pink center diamond was replaced with a smaller, colorless stone, district court's grant of summary judgment in favor of the jeweler on the basis that plaintiff failed to submit any admissible evidence in support of her allegation that her center diamond had been replaced is reversed and remanded as, because the deposition of plaintiff and the affidavits of her three lay witnesses constitute admissible evidence supporting the claim of diamond replacement, there is sufficient evidence to create a genuine issue of material fact regarding this issue.

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• GRIFFIN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Peter D. Isakoff, Victoria Harris