LeBeuf v. Atkins

(dissenting) — As one court has expressed it, " [t]he hardship of the particular case is no reason for melting down the law." Southern Star Lightning Rod Co. v. Duvall, 64 Ga. 262, 268 (1879).

I dissent from the majority opinion on three grounds:

1. The facts upon which that opinion is based are not necessarily the facts of this case at all.

2. The plaintiff patient did not establish, as he is required by statute to do, that the defendant dentist failed to exercise the standard of care required of members of the dental profession.

3. Where the patient had assured the dentist that he was in good…