Legal Opinion · Concurrence

Works v. Aupont

Court of Appeals of Georgia

Decided December 5, 1995No. A95A0963Published

1ConcurrenceBeasley, Chief Judge

Our task in this case requires a construction of a statute, so we must “look diligently for the intention of the General Assembly, keeping in view at all times the old law, the evil, and the remedy.” OCGA § 1-3-1 (a). We must also give “ordinary signification” to words. OCGA § 1-3-1 (b).

In an effort to preclude frivolous malpractice claims, the legislature has created in OCGA § 9-11-9.1 an inordinately detailed scheme of exceptions to its requirement that an affidavit accompany the complaint. Instead of leaving to the wisdom of the judiciary the discretion to tailor general standards of…

2Cases cited12 opinions

  1. Hewett v. KalishSupreme Court of Georgia · 1994
  2. Stuckey's Carriage Inn v. PhillipsCourt of Appeals of Georgia · 1970
  3. Allstate Insurance v. StephensSupreme Court of Georgia · 1977
  4. Sisk v. PatelCourt of Appeals of Georgia · 1995
  5. Druckman v. EthridgeCourt of Appeals of Georgia · 1991

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