Ferguson v. Brown

OPINION

FRANK G. CLEMENT, JR., J„

delivered the opinion of the court,

in which ANDY D. BENNETT and RICHARD H. DINKINS, JJ., joined.

The dispositive issue on appeal is whether the trial court abused its discretion by applying an incorrect legal standard in denying Plaintiff’s motion to set aside an order summarily dismissing his Complaint. Plaintiff filed this action against his chiropractor alleging injuries due to a violation of the appropriate standard of care. Defendant filed a Motion for Summary Judgment based upon Plaintiff’s failure to support the allegations with expert medical testimony.…