Opinion
69628.
DECIDED FEBRUARY 4, 1985.
Medical malpractice. Clayton Superior Court. Before Judge Ison.
Jay W. Bouldin, for appellants.
Lawrie E. Demorest, William H. Duckworth, Jr., for appellees.
This case is the sequel to Howard v. Atlanta Cardio Pulmonary Assn., 171 Ga. App. 889 ( 321 S.E.2d 370), a case involving the Atlanta Cardio Pulmonary Assn. and Dr. David Skloven where the issue was an attack on the constitutionality of the Georgia rule allowing a defendant doctor to give his own affidavit of the exercise of due care, and to win summary judgment on that basis. That case was transferred to this court by the Supreme Court for disposition, thus eliminating and resolving the constitutional issue raised by the Howards. Cassells v. Bradlee Mgt. Services, 161 Ga. App. 325, 326 (1) ( 291 S.E.2d 48). This appeal involves the summary judgments in favor of two different co-defendants in that case, Clayton General Hospital Authority d/b/a Clayton General Hospital, and Sandra Bush, R. N. As parties not at issue in the appeal of the case involving Atlanta Cardio Pulmonary Assn. and Dr. Skloven, Clayton General and Nurse Bush were not precluded from seeking and obtaining summary judgment while an appeal was in life as to other co-defendants. Cohran v. Carlin, 249 Ga. 510, 512 ( 291 S.E.2d 538).
This case is likewise controlled by Payne v. Golden, 245 Ga. 784 ( 267 S.E.2d 211); Howard v. Walker, 242 Ga. 406 ( 249 S.E.2d 45); and Dobbs v. Cobb E.N.T. Assoc., 165 Ga. App. 238 ( 299 S.E.2d 141). Accordingly, because the plaintiff has produced no proper affidavit controverting the defendants' expert affidavit evidence that they had complied with the standards of care of hospitals and their employees in like conditions and similar circumstances, summary judgment was correct.
Judgment affirmed. Carley and Beasley, JJ., concur.