Fireman'S Fund Insurance Companyv.Holder Construction Group, Llc Et Al.
CourtCourt of Appeals of Georgia
Docket No.A21A1558
DecidedJanuary 26, 2022
Reporter327 Ga. App. 878
JudgesCourt of Appeals of Georgia
Tags
CivilInsurance LawTort LawNegligenceCausationExpert TestimonySummary JudgmentReversal
Case Summary
Fireman’s Fund Insurance Company brought a subrogation action arising from water damage and alleged gross negligence by Holder Construction Group and McKenney’s. The trial court excluded Fireman’s expert testimony and granted summary judgment to the defendants on causation. The Court of Appeals of Georgia affirmed the exclusion of one challenged part of the expert proof but held that the trial court erred in excluding the relevant expert testimony altogether. Because the record contained an affidavit linking the defendants’ conduct to the loss, the court also reversed summary judgment on causation. The judgment was affirmed in part and reversed in part.
Opinion
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