concurring in part and dissenting in part.
I concur in the judgments and in all divisions of the opinion except Division 3. I am of the opinion that Division 3 is *526obiter dicta since it is ruled elsewhere that there is no conflict between the plaintiff’s deposition and affidavit exclusive of the basis ruled upon in Division 8 which assumes that the affidavit of the plaintiff is sufficient to raise the conflict in plaintiff’s evidence, contrary to what is elsewhere in the opinion held to be contrary to the fact.