Is there any genuine dispute of material fact in the record?

GEICO insists that the record contains no genuine disputes of material fact because some contradictions appear within the depositions of individual witnesses. According to GEICO, such conflicts point to the multi-layered nature of the TCRs' jobs more than to any factual discrepancies. Setting aside that only a fraction of the conflicts identified above involve contradictions within the same witness's testimony, internally contradictory statements by a single witness who expands or elaborates on prior testimony may be sufficient to create a genuine dispute of material fact precluding summary judgment. See Rule v. Brine, Inc., 85 F.3d 1002, 1011 (2d Cir. 1996) ("Although a party does not show a triable issue of fact merely by submitting an affidavit that disputes his own prior sworn testimony, a material issue of fact may be revealed by his subsequent sworn testimony that amplifies or explains, but does not merely contradict, his prior testimony . . . .") (citations omitted). Alternately, GEICO suggests that the conflicts between testimony that TCRs exercise independent judgment and that they are subject to strict supervision reveal merely the varying preferences of individual supervisors. It is for a jury, however, and not for a court at summary judgment, to assess the discretionary nature of the TCRs' daily duties by evaluating the relative representativeness of these divergent accounts.

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