Court Discounts Swimmer’s Last Minute Testimony in Negligence Case

In a majority decision, a panel of judges from a state appeals court in Georgia has affirmed a grant of summary judgment to the Covington Athletic Club and Fitness Center, finding that the plaintiff’s 11-hour testimony that algae contributed to her fall should “not be considered.”   Connie Pinckney fell at Covington as she stepped out of the swimming pool during a swim lesson. Pinckney testified in her deposition that “as I was walking up the steps holding on the rail with my left h