Rudd v. Paden

Phipps, Judge.

This dental malpractice action by Wanda Paden against Sherry Rudd and others is here on interlocutory appeal from the trial court’s denial of Rudd’s motion for summary judgment. The question is whether the expert affidavit relied on by Paden in opposition to Rudd’s motion was sufficient to oppose the motion. We must answer this question in the negative because Paden’s expert did not have personal knowledge of the facts of the case and, in forming his opinions, relied on dental records that were neither certified nor sworn. We, therefore, reverse.

Paden filed this action against…