Appellate Court Upholds Summary Judgment in Medical Malpractice Case
On August 28, 2013, The Court of Appeals upheld a motion for summary judgment obtained by Wade Copeland and Ashley Sexton on behalf of their orthopedic surgeon client. Plaintiff had alleged that his treating orthopedic surgeon had fraudulently withheld information concerning a deformity on his left heel and defects in his Achilles tendon following orthopedic surgery to repair a ruptured Achilles tendon. Plaintiff claimed that the surgeon knew or should have known about the presence of the deformities at the time the surgery was performed and either negligently or intentionally withheld this information from Plaintiff. Judge Ethylen N. Simpson of Clarke County State Court granted the motion that had been filed on the basis that Plaintiff claims required the support of expert testimony that Plaintiff did not furnish. The Court of Appeals upheld the grant of motion for summary judgment and denied Plaintiff’s motion for reconsideration. The Court of Appeals decision is published at Johnson v. Johnson, A13A1169.