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Lovely v. Percy4/1/2005
his motion for summary judgment set forth his qualifications and described his evaluation of Lovely. The affidavit also discussed, although cursorily, the procedure. Finally, the affidavit contained averments that Percy's evaluation, care, and treatment of Lovely met "all acceptable standards of care for plastic surgeons in like or similar circumstances." Lovely did not provide any evidence to rebut this.
{ } We conclude that Percy's affidavit does comport with the requirements of Hoffman and is sufficient to establish that Percy met the applicable standard of care. Because Lovely failed to present any opposing medical testimony, we conclude that the trial court did not err in rendering summary judgment against her on her medical-malpractice claim. Accordingly, Lovely's fourth assignment of error is overruled.
V.
{ } Lovely's first and second assignments of error having been sustained, and her third and fourth assignments of error having been overruled, that part of the summary judgment rendered against Lovely on her claim for breach of contract is reversed, the judgment of the trial court is affirmed in all other respects, and this cause is remanded for further proceedings.
Judgment affirmed in part and reversed in part, and cause remanded.
BROGAN, P.J., and WOLFF J., concur.
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