Stockbridge Dental Group, P.C. v. Freeman

Miller, Judge.

Myrtle Freeman brought a dental malpractice action against Stockbridge Dental Group, P.C. (“SDG”), in response to which SDG asserted a counterclaim and affirmative defenses based upon an exculpatory clause and covenant not to sue contained in a form signed by Freeman prior to her treatment. The trial court granted Freeman’s motions to strike SDG’s counterclaim and affirmative defenses, finding that the exculpatory clause was against public policy and unenforceable under Emory University v. Porubiansky, 248 Ga. 391 (282 SE2d 903) (1981). This Court granted SDG’s request for…