Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)

Citation: Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)
Parent Document: Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-10-28
Original Source: https://www.courtlistener.com/opinion/8357287/johnson-v-rufo/ ↗

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As a preliminary matter, Simmons’s affidavit must be stricken because its statements are inadmissible. Under Mass.R.Civ.P. 56(e), affidavits supporting or opposing a motion for summary judgment “shall be made on personal knowledge, shall set forth such facts *227as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.” Simmons’s affidavit contains irrelevant statements because Johnson’s alleged cognitive disabilities do not relate to his claims for warranty of habitability, failure to make repairs, violations of c. 93A, negligence, or failure to provide workers’ compensation. Further, Simmons is not competent to testify to Johnson’s alleged cognitive disabilities. Therefore, Simmons’s affidavit is stricken. B.

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