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HOWELL v. SHUMANS

No. A06A0962.

636 S.E.2d 182 (2006)

HOWELL v. SHUMANS et al.

Court of Appeals of Georgia.

September 6, 2006.

Attorney(s) appearing for the Case

Vincent D. Sowerby, Law Office of Vincent D. Sowerby, P.C., Brunswick, for appellant.

David N. Nelson, John J. Makowski, Chambless, Higdon, Richardson, Katz & Griggs, L.L.P., Macon, for appellees.

SMITH, Presiding Judge.

In this appeal, this court is once again called upon to decide whether the affidavit requirement in OCGA § 9-11-9.1 applies to the allegations made by the plaintiff in her complaint. Because we conclude that the complaint did not allege professional negligence, OCGA § 9-11-9.1 does not apply, and the trial court therefore erred in dismissing the complaint.

Dr. David L. Shumans is a family practitioner. In her complaint against...

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