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Claire Sumner and Jason Deere Obtain Dismissal for Physical Therapy Practice

August 28, 2019

Claire Sumner and Jason Deere obtained dismissal in a Henry County lawsuit for a physical therapy practice.  Plaintiff filed suit, alleging she was injured during a therapy session, causing damage to her knee that required surgery.  Plaintiff failed to attach an expert affidavit to her Complaint.  Defense counsel filed a motion to dismiss, pursuant to O.C.G.A. 9-11-9.1, arguing that Plaintiff’s claim amounted to professional negligence, which claims require the filing of an expert affidavit contemporaneous with the Complaint.  The Court heard oral argument, where Plaintiff argued that her suit sounded in simple negligence and not malpractice.  The Court did not agree with Plaintiff and dismissed her Complaint.

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