Legal Opinion

Gadd v. WILSON & COMPANY, ENGINEERS & ARCHITECTS

Supreme Court of Georgia

Decided May 21, 1992No. S92A0501PublishedCited by 39 opinions

1Opinion of the Court

Bell, Justice.

In this case appellee moved to dismiss appellant’s complaint on the ground that appellant had not complied with OCGA § 9-11-9.1. We reverse the trial court’s grant of the motion.

Subsection (a) of § 9-11-9.1 provides that

[i]n any action for damages alleging professional malpractice, the plaintiff shall be required to 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 claimed to exist and the factual basis for each such claim.

The basis for appellee’s motion was that the initial…

2Cases cited4 opinions

  1. Housing Auth. of Savannah v. GreeneSupreme Court of Georgia · 1989
  2. 0-1 Doctors Memorial Holding Co. v. MooreCourt of Appeals of Georgia · 1989
  3. Bowen v. AdamsCourt of Appeals of Georgia · 1992
  4. Continental Investment Corp. v. CherryCourt of Appeals of Georgia · 1971

3Cited by39 opinions

  1. Department of Transportation v. DupreeCourt of Appeals of Georgia · 2002
  2. Hewett v. KalishSupreme Court of Georgia · 1994
  3. Porquez v. WashingtonSupreme Court of Georgia · 1997
  4. Porquez v. WashingtonSupreme Court of Georgia · 1997
  5. Dozier v. Clayton County Hospital AuthorityCourt of Appeals of Georgia · 1992

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