Jordan v. Scherffius

Court of Appeals of Georgia

Jordan v. Scherffius

175 S.E.2d 97, 121 Ga. App. 685, 1970 Ga. App. LEXIS 1312

CourtCourt of Appeals of Georgia

DecidedApril 21, 1970

Docket45154

StatusPublished

Cited by7 cases

This text of 175 S.E.2d 97 (Jordan v. Scherffius) 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

Jordan v. Scherffius, 175 S.E.2d 97, 121 Ga. App. 685, 1970 Ga. App. LEXIS 1312 (Ga. Ct. App. 1970).

Pincite

Opinions

Jordan, Presiding Judge.

This is an appeal from the grant of a summary judgment eliminating prenatal injuries as the cause of a child’s death. The mother was injured in an automobile collision on May 10:, 1968. The child was born on July 30, 1968, and died on October 12, 1968. The claimed cause of death is refuted by the uncontradicted medical opinion of the physician who delivered the child, who observed no evidence of prenatal injury, and another physician who examined the child after death and listed the cause of death as pneumonia on the death certificate, without the benefit of an autopsy.

Opinion testimony oj the ultimate fact to be decided in a case is never sufficient to authorize a summary judgment. Harrison v. Tuggle, 225 Ga. 211 (167 SE2d 395); Ginn v. Morgan, 225 Ga. 192 (167 SE2d 393); Truluck v. Funderburk, 119 Ga. App. 734 (168 SE2d 657); Williams v. Melton, 120 Ga. App. 466 (171 SE2d 318).

Judgment reversed.

Pannell, J., concurs. Eberhardt, J., concurs specially.

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

Jordan, Presiding Judge.

This is an appeal from the grant of a summary judgment eliminating prenatal injuries as the cause of a child’s death. The mother was injured in an automobile collision on May 10:, 1968. The child was born on July 30, 1968, and died on October 12, 1968. The claimed cause of death is refuted by the uncontradicted medical opinion of the physician who delivered the child, who observed no evidence of prenatal injury, and another physician who examined the child after death and listed the cause of death as pneumonia on the death certificate, without the benefit of an autopsy.

Opinion testimony oj the ultimate fact to be decided in a case is never sufficient to authorize a summary judgment. Harrison v. Tuggle, 225 Ga. 211 (167 SE2d 395); Ginn v. Morgan, 225 Ga. 192 (167 SE2d 393); Truluck v. Funderburk, 119 Ga. App. 734 (168 SE2d 657); Williams v. Melton, 120 Ga. App. 466 (171 SE2d 318).

Judgment reversed.

Pannell, J., concurs. Eberhardt, J., concurs specially.

Cite This Page — Counsel Stack

Bluebook (online)

175 S.E.2d 97, 121 Ga. App. 685, 1970 Ga. App. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-scherffius-gactapp-1970.

Opinions

Related

Cite This Page — Counsel Stack