Walker v. Howard

Banke, Judge.

Relying on this court’s subsequent decision in Hughes v. Malone, 146 Ga. App. 341 (247 SE2d 107) (1978), which established a new rule of law regarding the role of expert testimony offered in support of summary judgment motions in malpractice cases, the Supreme Court on certiorari reversed our judgment in this case, reported at 144 Ga. App. 413 (241 SE2d 21) (1977).

"The law was well settled at the time that opinion evidence alone would not support a motion for summary judgment. Therefore, there was no reason for the plaintiff to offer evidence opposing that offered by the movant…