Applebrook Country Dayschool, Inc. v. Thurman

613 S.E.2d 192, 272 Ga. App. 639, 2005 Fulton County D. Rep. 1179, 2005 Ga. App. LEXIS 357, 2005 WL 767861

Opinion

Ruffin, Chief Judge.

In Division 1 of Applebrook Country Dayschool v. Thurman,¹ we found that the trial court erred in admitting expert testimony regarding the standard of care for supervision in a day care setting. The Supreme Court subsequently granted certiorari and reversed, holding that “[e]xpert testimony regarding infant sleep positioning is admissible in a negligent childcare supervision case to assist the jury in determining whether the childcare provider breached its duty of care.”² Accordingly, we vacate Division 1 of our earlier opinion and adopt the judgment and opinion of the Supreme Court as our own. The Supreme Court’s reversal does not affect Divisions 2 and 3 of our prior opinion.

Judgment affirmed.

Smith, P. J., and Miller, J., concur.

1

264 Ga. App. 591, 591-594 (1) (591 SE2d 406) (2003).

2

Thurman v. Applebrook Country Dayschool, 278 Ga. 784, 787 (3) (604 SE2d 832) (2004).