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FENDER v. ADAMS EXTERMINATORS, INC.

No. A95A0067.

460 S.E.2d 528 (1995)

218 Ga. App. 62

FENDER et al. v. ADAMS EXTERMINATORS, INC.

Court of Appeals of Georgia.

Reconsideration Denied July 24, 1995.

Attorney(s) appearing for the Case

Custer & Custer, Cawthon H. Custer, Black & Black, Eugene C. Black, Jr., Lewis R. Lamb, Albany, for appellants.

Watson, Spence, Lowe & Chambless, Mark A. Gonnerman, Dawn G. Benson, Albany, for appellee.

ANDREWS, Judge.

Fender and Gordon sued Adams Exterminators, Inc., alleging that they suffered injuries as a result of Adams Exterminators' negligent application of a pesticide. In its answer, Adams Exterminators raised the defense that the plaintiffs failed to file an expert affidavit with the complaint as required by OCGA § 9-11-9.1. The trial court subsequently granted Adams Exterminators' motion for dismissal on the basis that the complaint alleged professional...

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