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Fain v. Moore

Court of Appeals of Georgia
Feb 11, 1982
288 S.E.2d 317 (Ga. Ct. App. 1982)

Opinion

63369.

DECIDED FEBRUARY 11, 1982.

Medical malpractice. Fulton Superior Court. Before Judge Hicks.

Douglas R. X. Padgett, Bobby L. Cobb, for appellant.

Robert G. Tanner, for appellee.


In the previous appearance of this medical malpractice case we reversed the grant of summary judgment in favor of appellee doctor on the ground that the opinion of his medical expert witness encompassed only "the degree of care and skill ordinarily employed by the profession locally while the recognized standard in Georgia is that degree of care and skill ordinarily employed by the profession generally." Fain v. Moore, 155 Ga. App. 209 ( 270 S.E.2d 375) (1980). The deposition testimony of this witness taken subsequently clearly establishes that the appellee's actions constituted the exercise of a reasonable degree of skill and care in accordance with local and general medical practices. However, when the appellee refiled his motion for summary judgment based upon the later deposition, the appellant produced nothing in response. This evidence was sufficient to establish grounds for summary judgment in the physician's favor. Parker v. Knight, 245 Ga. 782 ( 267 S.E.2d 222) (1980); Savannah Valley Production Credit Assn. v. Cheek, 161 Ga. App. 365 (1982); Wagner v. Timms, 158 Ga. App. 538 (1) ( 281 S.E.2d 295) (1981); Cole v. Jordan, 158 Ga. App. 200 (3) ( 279 S.E.2d 497) (1981). Appellant's arguments on appeal contain no citation of authority or competent evidence to create a question of fact as to the controlling issue. Consequently, the judgment must be affirmed.

Judgment affirmed. Sognier and Pope, JJ., concur.

DECIDED FEBRUARY 11, 1982.


Summaries of

Fain v. Moore

Court of Appeals of Georgia
Feb 11, 1982
288 S.E.2d 317 (Ga. Ct. App. 1982)
Case details for

Fain v. Moore

Case Details

Full title:FAIN v. MOORE

Court:Court of Appeals of Georgia

Date published: Feb 11, 1982

Citations

288 S.E.2d 317 (Ga. Ct. App. 1982)
288 S.E.2d 317

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