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Harris v. J.B. Robinson Jewelers, 09-1490

By FindLaw Staff on December 08, 2010 12:40 PM

Plaintiff's suit against a jeweler for stolen diamond

Harris v. J.B. Robinson Jewelers, 09-1490, concerned a 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.

 

In reversing the 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, the court remanded the matter in concluding that, 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.

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