Georgia Court of Appeals, 1989

Freeman v. Van Dyke

Freeman v. Van Dyke
Georgia Court of Appeals · Decided September 25, 1989 · Carley
193 Ga. App. 190; 387 S.E.2d 351; 1989 Ga. App. LEXIS 1380

Freeman v. Van Dyke

Opinion of the Court

Carley, Chief Judge.

Appellant-plaintiff filed suit, alleging a medical malpractice claim against appellee-defendant physician. Appellee answered and subsequently moved to dismiss for appellant’s failure to file an expert’s affidavit with the complaint. The trial court granted appellee’s motion and appellant appeals.

The trial court did not err in dismissing appellant’s complaint because of his failure to attach the expert’s affidavit mandated by OCGA § 9-11-9.1. Piedmont Hosp. v. Milton, 189 Ga. App. 563 (377 SE2d 198) (1988). Compare Bell v. Figueredo, 259 Ga. 321 (380 SE2d 29) (1989).

Judgment affirmed.

McMurray, P. J., concurs. Beasley, J., concurs in judgment only.

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