They noted in their petition that although the Supreme Court “upheld the statute against facial constitutional challenges in Gliemmo v. Cousineau, 287 Ga. 7 (2010), it has never reviewed an actual application of the statute.” The petition requests the Court to clarify a number of aspects regarding the statute, including the definition of “gross negligence” as used by the statute, the use of expert witness testimony in meeting the gross negligence standard, and how the statute’s “clear and convincing evidence” standard relates to the summary judgment standard of O.C.G.A. § 9-11-56.