Lavelle v. Laboratory Corp. of America
Court of Appeals of Georgia
1Concurring in part, dissenting in partBoggs, Judge
Because the majority has failed to adhere to the appropriate standard of review on appeal, I respectfully dissent to Divisions 2 and 3.
“The determination of whether a witness is qualified to render an opinion as an expert is a legal determination for the trial court and will not be disturbed absent a manifest abuse of discretion.” (Citation and punctuation omitted.) HNTB Ga. v. Hamilton-King, 287 Ga. 641, 642 (1) (697 SE2d 770) (2010). And the “trial court is granted the same broad latitude when it decides how to determine reliability as it enjoys in respect to its ultimate reliability…
2Cases cited5 opinions
- HNTB Georgia, Inc. v. Hamilton-KingSupreme Court of Georgia · 2010
- Beach v. LiphamSupreme Court of Georgia · 2003
- Vaughan v. Wellstar Health System, Inc.Court of Appeals of Georgia · 2010
- CSX Transportation, Inc. v. McDowellCourt of Appeals of Georgia · 2008
- Anderson v. Atlanta Gas Light Co.Court of Appeals of Georgia · 2013