Georgia Supreme Court Affirms Summary Judgment in Legal Malpractice Case

June 28, 2010 (Atlanta, GA) – The Supreme Court of Georgia affirmed the summary judgment of legal malpractice claims granted to the client of Robert B. Gilbreath. Plaintiffs had failed to comply with OCGA 9-11-9.1 which requires a plaintiff in Georgia to file an expert affidavit in support of any professional liability negligence claim. Plaintiffs contended that they were indigent and that OCGA 9-11-9.1 was unconstitutional because they were unable to afford the costs of an expert to provide a supporting affidavit. Plaintiffs claimed that the statute violated equal protection, due process, access to the courts, was an improper special law and violated separation of powers. The lower court granted the motion and dismissed the professional malpractice claims. Plaintiffs appealed that decision to the Supreme Court. The Supreme Court briefing was performed by Gilbreath.