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Professional Malpractice and Wrongful Death Claims Dismissed for Engineering Firm

June 17, 2010

Brent Meyer successfully obtained a complete dismissal for an engineering firm client for a case in which the plaintiffs, injured motorists and the estate of a deceased motorist, asserted professional malpractice and wrongful death claims against the client. Meyer effectively used the 2005 Georgia Tort Reform Act to argue that the plaintiffs’ expert’s opinions should be excluded and the engineering firm was entitled to summary judgment. The trial court agreed and granted the motion to exclude the plaintiffs’ expert’s testimony and the Motion for Summary Judgment, resulting in a complete dismissal of the engineering firm client from the lawsuit. However, the Georgia Court of Appeals reversed the trial court’s rulings on these two motions. The case reached the Georgia Supreme Court, and the trial court’s order stating that the expert’s opinions were inadmissible were reaffirmed, thus reversing the Court of Appeals’ opinions. The Georgia Supreme Court ruled in favor of the defendant because it found the plaintiffs’ expert’s opinions to be inadmissible due to the fact that these opinions could not be validated against accepted standards, tested or reviewed. The Georgia Supreme Court remanded the case on the issue of whether a claim for ordinary negligence still existed. The Georgia Court of Appeals determined that one did not and all claims against the engineering firm were dismissed.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.