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Hollis v. St. Joseph Infirmary, Inc

Hollis v. St. Joseph Infirmary, Inc.

Hollis v. St. Joseph Infirmary, Inc., 132 S.E.2d 841 (Ga. Ct. App. 1963)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
September 12, 1963
Docket
No. 40299
Judges
Eberhardt, Felton, Russell
Citations
132 S.E.2d 841108 Ga. App. 3091963 Ga. App. LEXIS 619
Cited by 8

Opinion — Eberhardt

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1964: 11965: 21967: 11968: 21973: 12011: 119642026peak 1965 · 2

Relies on it most ⓘ

  1. Willie Bristol Watson v. United States346 F.2d 52 (5th Cir. 1965)
  2. Jackson v. Tucker165 S.E.2d 466 (Ga. Ct. App. 1968)
  3. Raven v. Dodd's Auto Sales & Service, Inc.160 S.E.2d 633 (Ga. Ct. App. 1968)
  4. Food Fair, Inc. v. Mock199 S.E.2d 820 (Ga. Ct. App. 1973)
  5. Ussery v. Koch154 S.E.2d 879 (Ga. Ct. App. 1967)
  6. Word v. Henderson140 S.E.2d 92 (Ga. Ct. App. 1964)

Most recent

  1. Paschal v. Price708 S.E.2d 771 (S.C. 2011)
  2. Food Fair, Inc. v. Mock199 S.E.2d 820 (Ga. Ct. App. 1973)
  3. Jackson v. Tucker165 S.E.2d 466 (Ga. Ct. App. 1968)
  4. Raven v. Dodd's Auto Sales & Service, Inc.160 S.E.2d 633 (Ga. Ct. App. 1968)
  5. Ussery v. Koch154 S.E.2d 879 (Ga. Ct. App. 1967)
  6. Andrews v. Smith144 S.E.2d 176 (Ga. Ct. App. 1965)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Shea v. Phillips, 98 S.E.2d 552 (Ga. 1957) 77
Darby v. Interstate Life & Accident Ins., 130 S.E.2d 360 (Ga. Ct. App. 1963) 25

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