Doctor's Affidavit That Death Was Not Inevitable
In Richmond County Hosp. Auth. v. Dickerson, 182 Ga. App. 601 (356 SE2d 548) (1987), the panel inferred from the attending physician's affidavit that death was not inevitable. Dickerson, supra.
It then ruled that the record did not establish that the "actions or inactions of the hospital staff were not a proximate or contributing cause of Mrs. Dickerson's death," so that "the movant hospital did not . . . carry its burden of proof on summary judgment." Id. at 603 (1) (b).
Dickerson was decided several years before the Supreme Court's landmark decision in Lau's Corp. v. Haskins. 261 Ga. 491 (405 SE2d 474) (1991).
Lau's Corp. reallocated the burden of proof on summary judgment to require the nonmoving party to "point to specific evidence giving rise to a triable issue," once the movant has demonstrated an absence of evidence to support the nonmoving party's case.
The outcome of Dickerson would be different today, and the statement regarding "proximate" cause does not comport with case law after Lau's Corp.