McMann v. Mockler

While I agree with the majority in its opinion, I do not agree with that portion of Division 2 that states: “[t]he issue of damages, i.e., monetary compensation for harm, is therefore moot.” Plaintiff contended that even though she had produced no evidence, from the occurrence of the malpractice alone nominal damages were to be inferred as a matter of law; thus, on summary judgment, she had no duty to produce actual evidence of such damages. See Spence v. Hilliard, 181 Ga. App. 767, 768 (353 SE2d 634) (1987). Under the majority’s analysis, the issue can never be reached by this Court, because…