Legal Opinion

Lutz v. Foran

Supreme Court of Georgia

Decided March 8, 1993No. S92A1068, S92X1069PublishedCited by 46 opinions

1Opinion of the Court

Fletcher, Justice.

This appeal challenges the constitutionality of the affidavit requirement in professional malpractice actions. We hold that OCGA § 9-11-9.1 does not violate the constitutional prohibition against the inclusion of more than one subject matter in a bill or a matter in the body different from the title. Because the law was unsettled on the act’s coverage of professionals when the complaint was filed, we reverse and remand to enable the plaintiffs to file an appropriate affidavit.

Reid Lutz owned a shrimp boat that sunk in the Savannah River. The boat was salvageable, and Lutz…

2Cases cited21 opinions

  1. Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
  2. Dillingham v. Doctors Clinic, P. A.Supreme Court of Georgia · 1976
  3. Gulf Life Insurance Co. v. FolsomSupreme Court of Georgia · 1986
  4. Housing Auth. of Savannah v. GreeneSupreme Court of Georgia · 1989
  5. Candler General Hospital, Inc. v. McNorrillCourt of Appeals of Georgia · 1987

16 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Waldroup v. Greene County Hospital AuthoritySupreme Court of Georgia · 1995
  2. Department of Transportation v. BrownSupreme Court of Georgia · 1996
  3. Labovitz v. HopkinsonSupreme Court of Georgia · 1999
  4. Tante v. HerringSupreme Court of Georgia · 1994
  5. State of Ga. v. AlfordSupreme Court of Georgia · 1994

41 more not listed; retrieve them via the Exa API.

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