context: P 42 Normally, however, no genuine issue of fact is created by opinions and statements submitted by a party that contradict the party's pleaded allegations.
citation_a.signal: see
citation_a.parenthetical: rejecting the argument that an expert opinion created a genuine issue of material fact, in' part because the "appellant's own admissions contradict her expert's opinion and admit that the standard of care was not breached and that she was not injured"
citation_a.sentence: See Monarrez v. Utah Dep’t of Transp., 2014 UT App 219, ¶ 45, 335 P.3d 913 (noting with approval the principle that “[i]n moving for summary judgment, a party may rely on the doctrine of judicial admission by utilizing allegations in the opposing party’s pleadings to eliminate triable issues of material fact” (citation and internal quotation marks omitted)), aff'd, 2016 UT 10, 368 P.3d 846; Ramos v. Khawli, 181 Ohio App.3d 176, 908 N.E.2d 495, 509 (2009) (rejecting the argument that an expert opinion created a genuine issue of material fact, in' part because the “appellant’s own admissions contradict her expert’s opinion and admit that the standard of care was not breached and that she was not injured”); cf. Brinton v. IHC Hosps., Inc., 973 P.2d 956, 973 (Utah 1998) (concluding that statements in the claimant’s affidavit did not raise a genuine issue of material fact, where the claimant had not adequately explained the contradiction between allegations in his com plaint and - testimony under oath, and the statements in his later-submitted affidavit); Rutherford ex rel. Rutherford v. Talisker Canyons Fin. Co., 2014 UT App 190, ¶ 11 n.6, 333 P.3d 1266 (rejecting an argument as “contradictory to the allegations contained in the [parties’] complaint,” noting that “[a]n admission of fact in a pleading ... is normally conclusive on the party making it” (second alteration in original) (citation and internal quotation marks omitted)), cert. granted, 343 P.3d 708 (Utah 2016).
citation_b.signal: cf.
citation_b.identifier: 973 P.2d 956, 973
citation_b.parenthetical: concluding that statements in the claimant's affidavit did not raise a genuine issue of material fact, where the claimant had not adequately explained the contradiction between allegations in his com plaint and - testimony under oath, and the statements in his later-submitted affidavit
citation_b.sentence: See Monarrez v. Utah Dep’t of Transp., 2014 UT App 219, ¶ 45, 335 P.3d 913 (noting with approval the principle that “[i]n moving for summary judgment, a party may rely on the doctrine of judicial admission by utilizing allegations in the opposing party’s pleadings to eliminate triable issues of material fact” (citation and internal quotation marks omitted)), aff'd, 2016 UT 10, 368 P.3d 846; Ramos v. Khawli, 181 Ohio App.3d 176, 908 N.E.2d 495, 509 (2009) (rejecting the argument that an expert opinion created a genuine issue of material fact, in' part because the “appellant’s own admissions contradict her expert’s opinion and admit that the standard of care was not breached and that she was not injured”); cf. Brinton v. IHC Hosps., Inc., 973 P.2d 956, 973 (Utah 1998) (concluding that statements in the claimant’s affidavit did not raise a genuine issue of material fact, where the claimant had not adequately explained the contradiction between allegations in his com plaint and - testimony under oath, and the statements in his later-submitted affidavit); Rutherford ex rel. Rutherford v. Talisker Canyons Fin. Co., 2014 UT App 190, ¶ 11 n.6, 333 P.3d 1266 (rejecting an argument as “contradictory to the allegations contained in the [parties’] complaint,” noting that “[a]n admission of fact in a pleading ... is normally conclusive on the party making it” (second alteration in original) (citation and internal quotation marks omitted)), cert. granted, 343 P.3d 708 (Utah 2016).