Legal Opinion

Hollis v. St. Joseph Infirmary, Inc

Court of Appeals of Georgia

Decided September 12, 1963No. 40299PublishedCited by 10 opinions

1Opinion of the Court

Eberhardt, Judge.

The defendant’s motion for summary judgment was granted in this malpractice case. The only affidavit produced by the plaintiff was her own, which largely dealt with admitted facts and was impeaching of Dr. Bregman, one of the defendant’s affiants. Assuming that the issue of this witness’s credibility was properly raised, invoking the trial judge’s discretion, see Darby v. Interstate Life &c. Ins. Co., 107 Ga. App. 409, 410 (2) (130 SE2d 360), the plaintiff still failed to carry the burden of producing proof by other physicians of the want of care, skill or diligence on the…

2Cases cited2 opinions

  1. Shea v. PhillipsSupreme Court of Georgia · 1957
  2. Darby v. Interstate Life & Accident InsuranceCourt of Appeals of Georgia · 1963

3Cited by10 opinions

  1. Raven v. Dodd's Auto Sales & Service, Inc.Court of Appeals of Georgia · 1968
  2. Willie Bristol Watson v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  3. Ussery v. KochCourt of Appeals of Georgia · 1967
  4. Jackson v. TuckerCourt of Appeals of Georgia · 1968
  5. Word v. HendersonCourt of Appeals of Georgia · 1964

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