Ezor v. Thompson

I must respectfully dissent from the opinion of the majority in this case because it mischaracterizes the issue to be decided in this appeal. Contrary to the majority’s analysis, the issue is whether Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680) (1986) applies, and summary judgment is thus appropriate, when the allegations of the expert’s affidavit required by OCGA § 9-11-9.1 are subsequently contradicted by the affiant’s own sworn deposition'testimony, and the plaintiff has no other evidence of malpractice. This issue is not one of first impression as this Court has…