Padgett v. Crawford

Deen, Presiding Judge.

The appellant, Carlton Padgett, commenced this legal malpractice action 'against the appellee. The trial court granted the appellee’s motion to dismiss, on the basis that Padgett had not filed an affidavit of an expert setting forth the alleged negligence, and this appeal followed. Held:

OCGA § 9-11-9.1 (a) provides that “[i]n any action for damages alleging professional malpractice, the plaintiff shall be required tó file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission…