10 Georgia opinions name it 2 courts 1988–2026 2 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Turpin v. Toddgreen2 sentences2020As we observed in Turpin, in the context of the cause-and-prejudice test under OCGA § 9-14-48 (d), while “we are not willing to conclude[] that the State’s concealment of the factual basis of a claim will always constitute cause[,] . . . it is a significant factor to be considered in the cause equation.” 268 Ga. at 827 (2) (a). 2007Turpin v. Todd, 268 Ga. 820, 827 (2) (a) ( 493 SE2d 900 ) (1997). | 2 | 2 |
Gadd v. WILSON & COMPANY, ENGINEERS & ARCHITECTSgreen2 sentences1992The record reveals that appellant submitted a valid affidavit by [an expert], competent to testify in court, which set forth one negligent act . . . and the factual basis for that claim, in full compliance with the requirements set forth in OCGA § 9-11-9.1 (a).” 0-1 Doctors, supra, was cited with general approval in the recent Supreme Court case of Gadd v. Wilson & Co. &c., 262 Ga. 234 ( 416 SE2d 285 ) (although affidavit did not expressly ascribe the alleged negligence to appellee, the requirement that the alleged negligence had to be linked to appellee was substantially met as appellee was t 1992The record reveals that appellant submitted a valid affidavit by [an expert], competent to testify in court, which set forth one negligent act . . . and the factual basis for that claim, in full compliance with the requirements set forth in OCGA § 9-11-9.1 (a).” 0-1 Doctors, supra, was cited with general approval in the recent Supreme Court case of Gadd v. Wilson & Co. &c., 262 Ga. 234 ( 416 SE2d 285 ) (although affidavit did not expressly ascribe the alleged negligence to appellee, the requirement that the alleged negligence had to be linked to appellee was substantially met as appellee was t | 1 | 2 |
Dugar v. Stategreen1 sentence2026See Dugar v. State, 314 Ga. 376, 385 (2022) (“[T]he burden 5 Crawford raised this claim of error in his amended motion for new trial, and the trial court’s order denying that motion identifies this portion of the record as forming the factual basis for this claim. 9 is on the party alleging error to show it by the record,” and “this Court is not required to scour the record for support for an appel- lant’s arguments.” (cleaned up)). 4. | 1 | 1 |
Chrysler Corp. v. Battengreen2 sentences2022Co., 256 Ga. App. 106, 112 (5) ( 567 SE2d 389 ) (2002). 26 With respect to willful or wanton conduct, “[w]ilful conduct is based on an actual intention to do harm or inflict injury; wanton conduct is that which is so reckless or so charged with indifference to the consequences [as to be the equivalent in spirit to actual intent.” (Punctuation omitted.) Chrysler Corp. v. Batten, 264 Ga. 723, 726 (3) ( 450 SE2d 208 ) (1994). 2022Co., 256 Ga. App. 106, 112 (5) ( 567 SE2d 389 ) (2002). 26 With respect to willful or wanton conduct, “[w]ilful conduct is based on an actual intention to do harm or inflict injury; wanton conduct is that which is so reckless or so charged with indifference to the consequences [as to be the equivalent in spirit to actual intent.” (Punctuation omitted.) Chrysler Corp. v. Batten, 264 Ga. 723, 726 (3) ( 450 SE2d 208 ) (1994). | 1 | 1 |
Colonial Properties Realty Ltd. Partnership v. Lowder Construction Co.green2 sentences2022Co., 256 Ga. App. 106, 112 (5) ( 567 SE2d 389 ) (2002). 26 With respect to willful or wanton conduct, “[w]ilful conduct is based on an actual intention to do harm or inflict injury; wanton conduct is that which is so reckless or so charged with indifference to the consequences [as to be the equivalent in spirit to actual intent.” (Punctuation omitted.) Chrysler Corp. v. Batten, 264 Ga. 723, 726 (3) ( 450 SE2d 208 ) (1994). 2022Co., 256 Ga. App. 106, 112 (5) ( 567 SE2d 389 ) (2002). 26 With respect to willful or wanton conduct, “[w]ilful conduct is based on an actual intention to do harm or inflict injury; wanton conduct is that which is so reckless or so charged with indifference to the consequences [as to be the equivalent in spirit to actual intent.” (Punctuation omitted.) Chrysler Corp. v. Batten, 264 Ga. 723, 726 (3) ( 450 SE2d 208 ) (1994). | 1 | 1 |
Labovitz v. Hopkinsongreen2 sentences2005Labovitz v. Hopkinson, 271 Ga. 330, 336 ( 519 SE2d 672 ) (1999). 2005Labovitz v. Hopkinson, 271 Ga. 330, 336 ( 519 SE2d 672 ) (1999). | 1 | 1 |
Department of Transportation v. Gilmoregreen2 sentences1999OCGA § 9-11-9.1 (a) directs that, in any action alleging professional negligence, the plaintiff shall file an affidavit from a competent expert setting forth “specifically at least one negligent act or omission claimed to exist and the factual basis for such claim.” “The process of building and designing roads requires engineering services which have been described as the performance of professional services within the purview of OCGA § 9-11-9.1. [Cits.]” Dept. of Transp. v. Gilmore, 209 Ga. App. 656, 657 (2) ( 434 SE2d 114 ). 1999OCGA § 9-11-9.1 (a) directs that, in any action alleging professional negligence, the plaintiff shall file an affidavit from a competent expert setting forth “specifically at least one negligent act or omission claimed to exist and the factual basis for such claim.” “The process of building and designing roads requires engineering services which have been described as the performance of professional services within the purview of OCGA § 9-11-9.1. [Cits.]” Dept. of Transp. v. Gilmore, 209 Ga. App. 656, 657 (2) ( 434 SE2d 114 ). | 1 | 1 |
HCA Health Services of Georgia, Inc. v. Hampshiregreen2 sentences1995Again, in Dr. Bussey's affidavit, the allegations of negligence are not connected to specific defendants, instead Dr. Bussey cites as negligent the conduct of the "City of Columbus, County of Muscogee, Georgia, Jail Health Clinic" and "jail clinic departmental personnel and staff." We have construed OCGA § 9-11-9.1 to require "a valid affidavit by an expert competent to testify in court against each professional defendant named in the complaint, in which is set forth specifically at least one negligent act or omission claimed to exist as to each professional defendant (jointly, where appropria 1995Again, in Dr. Bussey's affidavit, the allegations of negligence are not connected to specific defendants, instead Dr. Bussey cites as negligent the conduct of the "City of Columbus, County of Muscogee, Georgia, Jail Health Clinic" and "jail clinic departmental personnel and staff." We have construed OCGA § 9-11-9.1 to require "a valid affidavit by an expert competent to testify in court against each professional defendant named in the complaint, in which is set forth specifically at least one negligent act or omission claimed to exist as to each professional defendant (jointly, where appropria | 1 | 1 |
Roberts v. Bienertgreen1 sentence1988See Roberts v. Bienert, supra. Decided October 21, 1988 — Rehearing denied November 7, 1988 David G. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brake v. Mintz
green
2 sentences1992Motion for reconsideration denied. 1 We note that our decision in this case is not inconsistent with our prior decision in Brake v. Mintz, 193 Ga. App. 662 ( 388 SE2d 715 ) (1989). 1992Motion for reconsideration denied. 1 We note that our decision in this case is not inconsistent with our prior decision in Brake v. Mintz, 193 Ga. App. 662 ( 388 SE2d 715 ) (1989). | 1 | 1992–1992 |
Bowen v. Adams
green
2 sentences1992In Bowen v. Adams, 203 Ga. App. 123 -124 ( 416 SE2d 102 ), this court pertinently held: “Unlike OCGA § 9-11-56, which imposes an evidentiary requirement in the context of summary judgment on the merits, OCGA § 9-11-9.1 merely imposes an initial pleading requirement on the plaintiff in a malpractice action. [Cit.] Accordingly, an expert affidavit which would be insufficient to satisfy the evidentiary standards of OCGA § 9-11-56 may nevertheless be sufficient to satisfy the pleading standards of OCGA § 9-11-9.1. [Cit.] The sufficiency of the expert affidavit determines whether the complaint for 1992In Bowen v. Adams, 203 Ga. App. 123 -124 ( 416 SE2d 102 ), this court pertinently held: “Unlike OCGA § 9-11-56, which imposes an evidentiary requirement in the context of summary judgment on the merits, OCGA § 9-11-9.1 merely imposes an initial pleading requirement on the plaintiff in a malpractice action. [Cit.] Accordingly, an expert affidavit which would be insufficient to satisfy the evidentiary standards of OCGA § 9-11-56 may nevertheless be sufficient to satisfy the pleading standards of OCGA § 9-11-9.1. [Cit.] The sufficiency of the expert affidavit determines whether the complaint for | 1 | 1992–1992 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.