 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Tuten v. Costrini5/28/1999
wn experts must be construed against her on motion for summary judgment.
We note that the case presented here, where a party offers the contradicting testimony of its own expert witnesses to create a question of fact on motion for summary judgment, is distinguishable from the case where a lay third-party witness offers contradictory testimony. See Allen v. King Plow Co., 227 Ga. App. 795, 799 (4) (490 SE2d 457) (1997). In the latter case, the rule in Prophecy Corp. would not apply because the witness is not speaking on behalf of the party. We also note that Prophecy Corp. does not apply where the issue is the validity of an expert's affidavit for the purposes of OCGA ยง 9-11-9.1. See Sawyer v. DeKalb Med. Center, 234 Ga. App. 54 (506 SE2d 197) (1998).
Judgment affirmed. Barnes, J., and Senior Appellate Judge Harold R. Banke concur.
Page 1 2 3 4 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|