Legal Opinion
Bruscato v. O'BRIEN
Court of Appeals of Georgia
Decided December 1, 2010No. A10A1230PublishedCited by 12 opinions
1Opinion of the Court
Ellington, Judge.
Vito J. Bruscato, in his capacity as the guardian of Victor Bruscato, appeals from the order of the Superior Court of DeKalb County, which granted summary judgment to Victor Bruscato’s psychiatrist, Derek Johnson O’Brien, M.D., in this medical malpractice case.1 The superior court concluded that Bruscato’s malpractice claims were barred either by the application of the “impact rule” or on public policy grounds. For the following reasons, we reverse.
To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material…
2Cases cited25 opinions
- Barker v. KallashNew York Court of Appeals · 1984
- Orzel v. Scott Drug Co.Michigan Supreme Court · 1995
- Lee v. State Farm Mutual InsuranceSupreme Court of Georgia · 2000
- Brandvain v. Ridgeview Institute, Inc.Court of Appeals of Georgia · 1988
- Emory University v. LeeCourt of Appeals of Georgia · 1958
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3Cited by12 opinions
- MCCONNELL Et Al. v. DEPARTMENT OF LABOR.Court of Appeals of Georgia · 2018
- O'BRIEN v. BruscatoSupreme Court of Georgia · 2011
- HOWELL Et Al. v. NORMAL LIFE OF GEORGIA, INC. Et Al.; And Vice VersaCourt of Appeals of Georgia · 2016
- Bruscato v. O'BRIENCourt of Appeals of Georgia · 2010
- Coon v. the Medical Center, Inc.Court of Appeals of Georgia · 2015
7 more not listed; retrieve them via the Exa API.