Fender v. Adams Exterminators, Inc.

Andrews, Judge.

Fender and Gordon sued Adams Exterminators, Inc., alleging that they suffered injuries as a result of Adams Exterminators’ negligent application of a pesticide. In its answer, Adams Exterminators raised the defense that the plaintiffs failed to file an expert affidavit with the complaint as required by OCGA § 9-11-9.1. The trial court subsequently granted Adams Exterminators’ motion for dismissal on the basis that the complaint alleged professional malpractice and was unsupported by the required expert affidavit. Fender and Gordon appeal from the order dismissing the complaint.

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