Precision Planning, Inc. v. Wall, s. A89A1003
Decision Date | 31 October 1989 |
Docket Number | Nos. A89A1003,A89A1004,s. A89A1003 |
Citation | 193 Ga.App. 331,387 S.E.2d 610 |
Parties | PRECISION PLANNING, INC. v. WALL. PRECISION PLANNING, INC. v. WILSON. |
Court | Georgia Court of Appeals |
Carter & Ansley, Ben Kingree, and Michael A. Coval, Atlanta, for appellant.
Jerry Phillips, Norcross, Webb, Carlock, Copeland, Semler & Stair, Kent T. Stair, Swift, Currie, McGhee & Hiers, Donald F. Daugherty, Nall, Miller, Owens, Hocutt & Howard, and Robert L. Goldstucker, Atlanta, for appellees.
The two appellees sued the appellant, Precision Planning, Inc., for professional malpractice as the project engineer of a construction project. The appellees filed their complaints on October 2, 1987, although the operative facts occurred in late 1985. In answering the complaints, the appellant raised the defense that the appellees had not submitted the affidavit of an expert as required by OCGA § 9-11-9.1, which was effective July 1, 1987, and subsequently moved to dismiss the complaints on that basis. The appellees never attempted to amend their complaints to include an expert's affidavit. The trial court denied the appellant's motions, after finding that OCGA § 9-11-9.1 affected substantive rights and thus was to be applied prospectively only. This interlocutory appeal followed. Held:
Polito v. Holland, 258 Ga. 54, 55, 365 S.E.2d 273 (1988).
In the instant case, the OCGA § 9-11-9.1 requirement of submitting an expert's affidavit along with the complaint did not affect the substantive right of action for professional malpractice; it alters neither the standard of care to be applied nor the measure of recovery. The statute merely prescribes a procedure for enforcing that right, evidently with the purpose of preventing frivolous or unsustainable actions. Accordingly, the trial court erred in applying the statute prospectively only, and in denying the appellant's motions to dismiss. Compare Glaser v. Meck, 258 Ga. 468, 369 S.E.2d 912 (1988). See also St. Joseph's Hosp. v. Nease, 259 Ga. 153, 377 S.E.2d 847 (1989).
Judgments reversed.
...
To continue reading
Request your trial-
Lutz v. Foran
...S.E.2d 809 (1990) (engineers); Housing Authority v. Greene, 259 Ga. 435, 383 S.E.2d 867 (1989) (architects); Precision Planning v. Wall, 193 Ga.App. 331, 387 S.E.2d 610 (1989) (engineers); Frazier v. Merritt, 190 Ga.App. 832, 380 S.E.2d 495 (1989) (lawyers); Padgett v. Crawford, 189 Ga.App.......
-
Harris v. Murray
...260 Ga. 409, 410-411(4), 395 S.E.2d 809 (1990); Blackmon v. Thompson, 195 Ga.App. 589, 394 S.E.2d 795 (1990); Precision Planning v. Wall, 193 Ga.App. 331, 387 S.E.2d 610 (1989). As a procedural law, notwithstanding the legislative attempt to make the application prospective only, the reenac......
-
Minnix v. Department of Transp.
...248, citing Kneip v. Southern Engineering Co., 260 Ga. at 411, 395 S.E.2d 809 (1990); Precision Planning v. Wall, 193 Ga.App. 331, 332, 387 S.E.2d 610 (1989) (Benham, J., concurring specially); Gillis v. Goodgame, 199 Ga.App. 413, 416, 404 S.E.2d 815 (1991), rev'd on other grounds, Gillis, ......
-
Nathans v. Diamond
...S.E.2d 273 (1988). 14. See Kneip v. Southern Engineering Co., 260 Ga. 409, 410-411, 395 S.E.2d 809 (1990); Precision Planning v. Wall, 193 Ga.App. 331, 332, 387 S.E.2d 610 (1989). 15. Precision Planning, 193 Ga.App. at 332, 387 S.E.2d 610. In Kneip, this Court cited this reasoning with appr......