Anderson v. Crippen

Deen, Judge.

The general rule is that since the jury is not bound by opinion testimony, this type of evidence may never Serve as the basis for the grant of a summary judgment whether contradicted or not. Ginn v. Morgan, 225 Ga. 192 (167 SE2d 393); Harrison v. Tuggle, 225 Ga. 211 (167 SE2d 395). It is here contended that all malpractice actions fall within this category. In Truluck v. Funderburk, 119 Ga. App. 734 (168 SE2d 657) the court questioned Jackson v. Tucker, 118 Ga. App. 693 (165 SE2d 466) where the grant of summary judgment to a defendant physician had been affirmed, and reversed the…