Padgett v. Crawford

Court of Appeals of Georgia

Padgett v. Crawford

376 S.E.2d 724, 189 Ga. App. 568, 1988 Ga. App. LEXIS 1481

CourtCourt of Appeals of Georgia

DecidedDecember 5, 1988

Docket77797

StatusPublished

Cited by11 cases

This text of 376 S.E.2d 724 (Padgett v. Crawford) 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.

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Padgett v. Crawford, 376 S.E.2d 724, 189 Ga. App. 568, 1988 Ga. App. LEXIS 1481 (Ga. Ct. App. 1988).

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Opinions

Deen, Presiding Judge.

The appellant, Carlton Padgett, commenced this legal malpractice action 'against the appellee. The trial court granted the appellee’s motion to dismiss, on the basis that Padgett had not filed an affidavit of an expert setting forth the alleged negligence, and this appeal followed. Held:

OCGA § 9-11-9.1 (a) provides that “[i]n any action for damages alleging professional malpractice, the plaintiff shall be required tó file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.” Padgett contends that this Code section applies only to medical malpractice actions, but this court has already decided that issue otherwise. Barr v. Johnson, 189 Ga. App. 136 (375 SE2d 51) (1988).

In this case, following the appellee’s motion to dismiss Padgett’s complaint for having filed no affidavit, the trial court gave Padgett 10 days in which to file such. Padgett submitted an affidavit within that time, but the affidavit neither states the qualifications of the affiant nor provides the affiant’s opinion as to the reasonableness or skill of the defendant attorney’s conduct. The trial court properly found this affidavit to be inadequate and dismissed the action.

Judgment affirmed.

Carley and Sognier, JJ., concur specially.

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Deen, Presiding Judge.

The appellant, Carlton Padgett, commenced this legal malpractice action 'against the appellee. The trial court granted the appellee’s motion to dismiss, on the basis that Padgett had not filed an affidavit of an expert setting forth the alleged negligence, and this appeal followed. Held:

OCGA § 9-11-9.1 (a) provides that “[i]n any action for damages alleging professional malpractice, the plaintiff shall be required tó file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.” Padgett contends that this Code section applies only to medical malpractice actions, but this court has already decided that issue otherwise. Barr v. Johnson, 189 Ga. App. 136 (375 SE2d 51) (1988).

In this case, following the appellee’s motion to dismiss Padgett’s complaint for having filed no affidavit, the trial court gave Padgett 10 days in which to file such. Padgett submitted an affidavit within that time, but the affidavit neither states the qualifications of the affiant nor provides the affiant’s opinion as to the reasonableness or skill of the defendant attorney’s conduct. The trial court properly found this affidavit to be inadequate and dismissed the action.

Judgment affirmed.

Carley and Sognier, JJ., concur specially.

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376 S.E.2d 724, 189 Ga. App. 568, 1988 Ga. App. LEXIS 1481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padgett-v-crawford-gactapp-1988.

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