Thompson v. Ezor

Sears, Justice.

This Court granted certiorari to consider the Court of Appeals’ ruling that the self-contradictory testimony rule of Prophecy Corp. v. Charles Rossignol, Inc., 1 does not apply to the testimony of a non-party expert witness who submits an OCGA § 9-11-9.1 affidavit in support of a claim of professional malpractice. 2 Having considered this Court’s precedent regarding the self-contradictory testimony rule, and the rationale behind the Prophecy opinion’s application of that rule to summary judgment proceedings, we decline to extend the rule to the testimony of a non-party expert…