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Lawskills.com Georgia Caselaw
PAYNE v. GOLDEN.
35947.
PER CURIAM.
This court granted certiorari to review the Court of Appeals' decision in Golden v. Payne, 152 Ga. App. 800 (264 SE2d 292) (1979).
In conformity with this court's pronouncements in Parker v. Knight, 245 Ga. 782 (1980), we hold that the present issue must be answered affirmatively.
In the present cause of action, Ellen Golden, plaintiff, sued Dr. Richard A. Payne, defendant, alleging that Dr. Payne had negligently performed his medical duties as the anesthesiologist on Ms. Golden's surgical team.
Dr. Payne moved for summary judgment solely on the basis of his own affidavit that he had not negligently performed said medical duties. When Ms. Golden failed to timely produce an expert's opinion that Dr. Payne had negligently performed said duties, the trial court granted summary judgment to Dr. Payne.
The Court of Appeals reversed the trial court and held that summary judgment was not properly granted because Dr. Payne had moved for summary judgment solely on the basis of his own affidavit.
Thus, in accordance with our present holding, we reverse the Court of Appeals and affirm the trial court's grant of summary judgment in favor of Dr. Payne.
JORDAN, Presiding Justice, dissenting.
I dissent from this holding on the basis of my dissents in Howard v. Walker, 242 Ga. 406 (249 SE2d 45) (1978), and in Parker v. Knight, 245 Ga. 782 (1980).
Guy M. Michaud, for appellee.
Oscar M. Smith, amicus curiae.
W. E. Zachary, Sr., for appellant.
ARGUED MARCH 11, 1980 -- DECIDED APRIL 8, 1980.
Friday May 22 01:05 EDT


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