Opinion
S22C0905
02-21-2023
ROSS EDWARD MASON MILLER et al. v. GOLDEN PEANUT COMPANY, LLC et al.
Court of Appeals Case Nos. A21A1269, A21A1270
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
The Supreme Court today granted the writ of certiorari in this case as case No. S22G0905 .
This case will be assigned to the May 2023 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
1. Under what circumstances must a law enforcement officer who conducts an investigation of an accident in the course of his official duties be qualified as an expert under OCGA § 24-7-702 (b) if called to testify in a civil case resulting from the accident as both a fact witness and an expert witness? How is the portion of the testimony considered to be expert testimony to be determined?
2. If such a law enforcement officer must be qualified as an expert under OCGA § 24-7-702 (b), did the trial court properly deny the motion in limine to exclude the expert testimony and part of the officer's report in this case?
Briefs should be submitted only on these points. See Supreme
All the Justices concur.