Freeman v. Van Dyke

Full title: FREEMAN v. VAN DYKE

Court: Court of Appeals of Georgia

Date published: Sep 25, 1989

387 S.E.2d 351 (Ga. Ct. App. 1989)

193 Ga. App. 190

Opinion

A89A0951.

DECIDED SEPTEMBER 25, 1989. REHEARING DENIED OCTOBER 16, 1989.

Medical malpractice. Glynn Superior Court. Before Judge Killian.

William J. Freeman, pro se. Gilbert, Whittle, Harrell Scarlett, Wallace E. Harrell III, Timothy Harden III, for appellee.

CARLEY, Chief Judge.

Appellant-plaintiff filed suit, alleging a medical malpractice claim against appellee-defendant physician. Appellee answered and subsequently moved to dismiss for appellant's failure to file an expert's affidavit with the complaint. The trial court granted appellee's motion and appellant appeals.

The trial court did not err in dismissing appellant's complaint because of his failure to attach the expert's affidavit mandated by OCGA § 9-11-9.1. Piedmont Hosp. v. Milton, 189 Ga. App. 563 ( 377 S.E.2d 198) (1988). Compare Bell v. Figueredo, 259 Ga. 321 ( 380 S.E.2d 29) (1989).

Judgment affirmed. McMurray, P. J., concurs. Beasley, J., concurs in judgment only.

DECIDED SEPTEMBER 25, 1989 — REHEARING DENIED OCTOBER 16, 1989 — CERT. APPLIED FOR.