Georgia Court of Appeals, 2005

Applebrook Country Dayschool, Inc. v. Thurman

Applebrook Country Dayschool, Inc. v. Thurman
Georgia Court of Appeals · Decided April 6, 2005 · Ruffin
272 Ga. App. 639; 613 S.E.2d 192; 2005 Fulton County D. Rep. 1179; 2005 Ga. App. LEXIS 357; 2005 WL 767861

Applebrook Country Dayschool, Inc. v. Thurman

Opinion of the Court

Ruffin, Chief Judge.

In Division 1 of Applebrook Country Dayschool v. Thurman,1 we found that the trial court erred in admitting expert testimony regarding the standard of care for supervision in a day care setting. The Supreme Court subsequently granted certiorari and reversed, holding that “[e]xpert testimony regarding infant sleep positioning is admissible in a negligent childcare supervision case to assist the jury in determining whether the childcare provider breached its duty of care.”2 Accordingly, we vacate Division 1 of our earlier opinion and adopt the judgment and opinion of the Supreme Court as our own. The Supreme Court’s reversal does not affect Divisions 2 and 3 of our prior opinion.

Judgment affirmed.

Smith, P. J., and Miller, J., concur.

264 Ga. App. 591, 591-594 (1) (591 SE2d 406) (2003).

Thurman v. Applebrook Country Dayschool, 278 Ga. 784, 787 (3) (604 SE2d 832) (2004).

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