Allstate Insurance v. Holcombe

I agree with the majority. This case will ultimately hinge on whether, if the collision had not occurred, the death would not have occurred. This can be established only by medical opinion evidence. "Opinion testimony of an ultimate material fact is never sufficient as a basis for the grant of a motion for summary judgment.” Mitchell v. Cox, 126 Ga. App. 151, 152 (2) (190 SE2d 154). Summer-Minter v. Giordano, 231 Ga. 601 (203 SE2d 173) cannot be extended to cover this situation; its holding is that after the denial of summary judgment is reversed plaintiff cannot amend his pleadings so as to…