Johnson v. Omondi

I concur fully in the opinion of the Court. I write separately, however, to more fully explain my understanding of “gross negligence,” as that standard is applied in medical malpractice cases. I also write separately to share some additional thoughts about summary judgments in cases in which OCGA § 51-1-29.5 applies.

1. “Gross negligence” is a familiar standard in our law, see Peavy v. Peavy, 36 Ga. App. 202, 204 (2) (136 SE 96) (1926), but it is one that has proven difficult to define with precision. According to our Code, “gross negligence” is “[t]he absence of [slight diligence],” and…