Cowart v. Widener

697 S.E.2d 779, 287 Ga. 622, 2010 Fulton County D. Rep. 2564, 2010 Ga. LEXIS 558
CourtSupreme Court of Georgia
DecidedJuly 12, 2010
DocketS09G1177
StatusPublished
Cited by418 cases

This text of 697 S.E.2d 779 (Cowart v. Widener) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cowart v. Widener, 697 S.E.2d 779, 287 Ga. 622, 2010 Fulton County D. Rep. 2564, 2010 Ga. LEXIS 558 (Ga. 2010).

Opinions

NAHMIAS, Justice.

The plaintiffs in this wrongful death case are Roby E. Cowart, Sr.’s estate and his two adult children. The defendants are Cowart’s brother-in-law Nathan Lee Widener, the trucking company for which Widener drove, and the company’s insurance carrier. The trial court granted summary judgment to the defendants after concluding that the plaintiffs could not establish that Widener proximately caused Cowart’s death without producing expert evidence, which they had failed to do. The Court of Appeals affirmed. See Cowart v. Widener, 296 Ga. App. 712 (675 SE2d 591) (2009). We granted certiorari, posing two questions: (1) whether expert evidence is required to establish causation in a simple negligence case where a medical question is involved; and (2) if so, what constitutes a “medical question” so as to require such expert testimony.

As explained in Division 2 below, expert evidence typically is not required to prove causation in a simple negligence case. See, e.g., Self v. Exec. Comm. of the Ga. Baptist Convention of Ga., 245 Ga. 548, 549 (266 SE2d 168) (1980). However, expert evidence is required where a “medical question” involving truly specialized medical knowledge (rather than the sort of medical knowledge that is within common understanding and experience) is needed to establish a causal link between the defendant’s conduct and the plaintiffs injury. See, e.g., Gilbert v. R. J. Taylor Mem. Hosp., 265 Ga. 580, 581 & n. 4 (458 SE2d 341) (1995) (whether the plaintiff actually had cancer that required [623]*623treatment); Allstate Ins. Co. v. Sutton, 290 Ga. App. 154, 160 (658 SE2d 909) (2008) (whether exposure to mold caused the plaintiffs’ respiratory ailments).

This is an unusual wrongful death case because the plaintiffs do not allege that Widener caused the internal bleeding that killed Cowart, but rather that Widener failed to render aid to Cowart in a way that would have prevented his death. As we discuss in Division 3 below, the plaintiffs failed to produce evidence — ordinary and expert — showing causation under these unusual circumstances, and therefore the trial court properly granted summary judgment to the defendants.

1. (a) The standards for reviewing summary judgments are settled. Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 (c). Thus, to prevail on a motion for summary judgment, “ ‘the moving party must demonstrate that there is no genuine issue of material fact,’ ” Montgomery v. Barrow, 286 Ga. 896, 898 (692 SE2d 351) (2010) (citation omitted), so that the party “is entitled to judgment as a matter of law,” Kaplan v. City of Sandy Springs, 286 Ga. 559, 560 (690 SE2d 395) (2010).

“A defendant may do this by either presenting evidence negating an essential element of the plaintiff’s claims or establishing from the record an absence of evidence to support such claims.” Oglethorpe Dev. Group v. Coleman, 271 Ga. 173, 173 (516 SE2d 531) (1999). Thus, “the rule with regard to summary judgment” is that

a defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case, but may point out by reference to the evidence in the record that there is an absence of evidence to support any essential element of the nonmoving party’s case.

Cox Enterprises, Inc. v. Nix, 274 Ga. 801, 803 (560 SE2d 650) (2002).

Where a defendant moving for summary judgment “discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.” Lau’s Corp. v. Haskins, 261 Ga. 491, 491 (405 SE2d 474) (1991). See OCGA § 9-11-56 (e) (“When a motion for summary judgment is made and supported as provided in this Code section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Code section, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary [624]*624judgment, if appropriate, shall be entered against him.”).

Summary judgments enjoy no presumption of correctness on appeal, and an appellate court must satisfy itself de novo that the requirements of OCGA § 9-11-56 (c) have been met. See Chester v. Smith, 285 Ga. 401, 401 (677 SE2d 128) (2009); Merlino v. City of Atlanta, 283 Ga. 186, 186 (657 SE2d 859) (2008). In our de novo review of the grant of a motion for summary judgment, we must “view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.” Kaplan, 286 Ga. at 560.

(b) Viewed in the light most favorable to the plaintiffs, and drawing all reasonable inferences from the record evidence in their favor, the record shows as follows, with the facts that are based entirely on expert testimony so noted. On November 30, 2003, Nathan Lee Widener left Augusta, Georgia bound for Ohio in his tractor-trailer to deliver freight for United Transportation, Inc. (UTI). Widener’s contract with UTI allowed him to choose his own routes but barred him from having passengers ride along unless authorized in writing by UTI. UTI did not authorize Widener to carry passengers, but his brother-in-law, 43-year-old Roby E. Cow-art, Sr., rode with him on this trip.

Cowart had fallen on hard times. He was unemployed, had no money, and had been living out of his car. Widener was married to Cowart’s sister, and the couple took him in and began feeding and clothing him.

Cowart suffered from a number of health problems, including severe erosive esophagitis caused by gastric acid coming into contact with the esophagus. As a result, Cowart experienced oozing of blood in his throat and a narrowing of the esophageal wall, and it was not unusual for him to cough up small amounts of blood. Expert testimony later explained that blood is an irritant, and that esophageal bleeding can cause vomiting, which in turn can lead to a potentially fatal rupture of the esophagus.

Widener planned to leave for Ohio in the afternoon. That morning, Cowart asked Widener if he could ride along. Widener’s wife asked Cowart how he was feeling, and Cowart responded that he felt good, that he wanted to get out of Augusta, and that he wanted to go with Widener to Ohio. At one point, Widener saw Cowart cover his mouth with a Kleenex as a purplish substance trickled out the side of his mouth. Cowart simply wiped it off, flushed the tissue down the toilet, and went back to bed to lie down. Widener had seen Cowart with some blood on the corner of his mouth on several mornings during the past couple months, as had his wife. When they would ask Cowart if he was all right, he would tell them yes, and that he “does that all the time.” Widener’s wife had tried on several [625]*625occasions to get Cowart to see a doctor or go to the emergency room, but he always refused.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LEIGH KENG v. SUSIE CHANG KENG
Court of Appeals of Georgia, 2025
STUBBS OIL COMPANY, INC. v. GLORIA JEAN PRICE
Court of Appeals of Georgia, 2020
Mannion & Mannion, Inc. v. Jesus Mendez
Court of Appeals of Georgia, 2020
The Columbus Clinic, P.C. v. Reginald A. Williams
Court of Appeals of Georgia, 2020
BLANTON v. CRUMP HEATING & AIR, LLC Et Al.
811 S.E.2d 125 (Court of Appeals of Georgia, 2018)
We Care Transportation Inc. v. Branch Banking and Trust Company
780 S.E.2d 782 (Court of Appeals of Georgia, 2015)
Kwee Wong v. Mary L. Chappell
773 S.E.2d 496 (Court of Appeals of Georgia, 2015)
Travelers Home & Marine Insurance Company v. Castellanos
773 S.E.2d 184 (Supreme Court of Georgia, 2015)
House Hasson Hardware Company, Inc. v. Richard L. Lawson
772 S.E.2d 389 (Court of Appeals of Georgia, 2015)
Hutchins v. Cochran, Cherry, Givens, Smith & Sistrunk, P.C.
770 S.E.2d 668 (Court of Appeals of Georgia, 2015)
ARCHER FORESTRY, LLC Et Al. v. DOLATOWSKI
771 S.E.2d 378 (Court of Appeals of Georgia, 2015)
Sanders v. Riley
770 S.E.2d 570 (Supreme Court of Georgia, 2015)
Brown v. Seaboard Construction Company
769 S.E.2d 530 (Court of Appeals of Georgia, 2015)
Sentinel Offender Services, LLC v. Glover
766 S.E.2d 456 (Supreme Court of Georgia, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
697 S.E.2d 779, 287 Ga. 622, 2010 Fulton County D. Rep. 2564, 2010 Ga. LEXIS 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowart-v-widener-ga-2010.