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Hollis v. St. Joseph Infirmary, Inc

132 S.E.2d 841, 108 Ga. App. 309, 1963 Ga. App. LEXIS 619
CourtCourt of Appeals of Georgia
DecidedSeptember 12, 1963
Docket40299
StatusPublished
Cited by10 cases

This text of 132 S.E.2d 841 (Hollis v. St. Joseph Infirmary, Inc) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollis v. St. Joseph Infirmary, Inc, 132 S.E.2d 841, 108 Ga. App. 309, 1963 Ga. App. LEXIS 619 (Ga. Ct. App. 1963).

Opinion

Eberhardt, Judge.

The defendant’s motion for summary judgment was granted in this malpractice case. The only affidavit produced by the plaintiff was her own, which largely dealt with admitted facts and was impeaching of Dr. Bregman, one of the defendant’s affiants. Assuming that the issue of this witness’s credibility was properly raised, invoking the trial judge’s discretion, see Darby v. Interstate Life &c. Ins. Co., 107 Ga. App. 409, 410 (2) (130 SE2d 360), the plaintiff still failed to carry the burden of producing proof by other physicians of the want of care, skill or diligence on the part of defendant’s staff physician. Shea v. Phillips, 213 Ga. 269 (2) (98 SE2d 552). In this situation, we have no choice but to rule that the summary judgment was properly granted. See Hayes v. Brown, 108 Ga. App., post.

Judgment affirmed.

Felton, C. J., and Russell, J., concur.

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Bluebook (online)
132 S.E.2d 841, 108 Ga. App. 309, 1963 Ga. App. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollis-v-st-joseph-infirmary-inc-gactapp-1963.