Cook v. Forrester

Boggs, Judge.

In this medical malpractice action, James Wynn, M.D., and Lloyd Cook, M.D., appeal from the trial court’s orders denying their claim of official immunity provided by the Georgia Tort Claims Act, OCGA § 50-21-1 et seq. In their sole enumeration of error on appeal, they contend that the trial court erred by concluding that our recent opinion in Jones v. Allen, 312 Ga. App. 762 (720 SE2d 1) (2011), precludes a finding of immunity. Based upon the Supreme Court of Georgia’s recent decision in Shekhawat v. Jones, 293 Ga. 468 (746 SE2d 89) (2013), we reverse.

The party seeking to benefit…