Howard v. Walker

In my opinion the Court of Appeals was correct in reversing the grant of a summary judgment to the applicant in certiorari since the respondents had no duty to offer expert opinion evidence to refute the expert opinion evidence submitted by the applicant in certiorari.

The majority opinion has confused an area of the law which had become settled by a long line of cases.

In Ginn v. Morgan, 225 Ga. 192 (2) (167 SE2d 393) (1969), this court held: "Summary judgment can never issue based upon opinion evidence alone.” In Harrison v. Tuggle, 225 Ga. 211 (2) (167 SE2d 395) (1969), it was held: "While…