Payne v. Golden
Decision Date | 08 April 1980 |
Docket Number | No. 35947,35947 |
Citation | 245 Ga. 784,267 S.E.2d 211 |
Court | Georgia Supreme Court |
Parties | PAYNE v. GOLDEN. |
W. E. Zachary, Sr., Decatur, for appellant.
Oscar M. Smith, Rome, amicus curiae.
Guy M. Michaud, Atlanta, for appellee.
This court granted certiorari to review the Court of Appeals' decision in Golden v. Payne, 152 Ga.App. 800, 264 S.E.2d 292 (1979).
We posed for resolution the following issue: When a plaintiff must produce an expert's opinion that the defendant was negligent in order to avoid the grant of a directed verdict in favor of the defendant, must that plaintiff also produce said opinion in order to avoid the grant of summary judgment in favor of the defendant when the defendant moves for summary judgment solely on the basis of his own affidavit, submitted in his capacity as an expert, that he was not negligent?
In conformity with this court's pronouncements in Parker v. Knight, 245 Ga. 782, 267 S.E.2d 222 (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...
To continue reading
Request your trial-
Sullivan v. Henry
...Therefore, based upon Howard v. Walker, 242 Ga. 406, 249 S.E.2d 45; Parker v. Knight, 245 Ga. 782, 267 S.E.2d 222; Payne v. Golden, 245 Ga. 784, 267 S.E.2d 211; and Skinner v. Coleman-Nincic Urology Clinic, 156 Ga.App. 638, 275 S.E.2d 724, defendant's motion for summary judgment was granted......
-
Johnson v. Jones, s. 71536
...care, provides a sufficient basis upon which the Court may grant summary judgment in favor of the physician/defendant. Payne v. Golden, 245 Ga. 784 [267 S.E.2d 211] (1980); Parker v. Knight, 245 Ga. 782 [267 S.E.2d 222] (1980). ... Dr. Umberhandt's affidavit clearly states his opinion that ......
-
Landers v. Georgia Baptist Medical Center
...same as any other expert testimony on the same issue, can be sufficient to pierce the pleadings of the plaintiff-patient. Payne v. Golden, 245 Ga. 784, 267 S.E.2d 211. "In a medical malpractice action, in which the defendant is held to the higher standard of care within the profession, a pl......
-
Herndon v. Ajayi
...206 Ga.App. 348, 349(1), 425 S.E.2d 296 (1992); Nettles v. Laws, 172 Ga.App. 241, 242, 322 S.E.2d 546 (1984). 3. Payne v. Golden, 245 Ga. 784, 267 S.E.2d 211 (1980); Augustine, supra, 206 Ga.App. at 350(1), 425 S.E.2d 296; Hall v. Okehi, 194 Ga.App. 721, 723(2), 391 S.E.2d 787 (1990). 4. Se......