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Carl Blake et al.v.KES, Inc. et al.

CourtCourt of Appeals of Georgia
Docket No.A15A2207
DecidedMarch 2, 2016
Reporter336 Ga. App. 43; 783 S.E.2d 432
JudgesFirst Division; Chief Judge Doyle, Presiding Judge Phipps, and Judge Boggs; Doyle authored
Tags
CivilTort LawWrongful DeathEvidenceExpert TestimonySummary JudgmentCausationVacaturRemand
Case Summary

Carl and Yvonne Blake sued a day-habilitation facility and its employees after their son died, alleging that delayed aid contributed to his death. On this second appeal, the Court of Appeals reviewed a renewed summary-judgment order entered after the trial court reconsidered the expert’s deposition and other evidence. The court held that the Blakes’ claims were for ordinary negligence, not medical malpractice, so the medical-malpractice expert-qualification provision did not govern testimony about causation. The trial court therefore erred by excluding that testimony under the provision, but the appellate court did not decide whether the evidence established liability or required judgment for the Blakes. It vacated KES’s summary judgment and returned the case for a new decision on the merits of KES’s motion.

Opinion

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