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Hobbs v. Great Expressions Dental Ctrs. of GA PC

The trial court erred in dismissing the plaintiff's fraud claim against a dental center arising out of dental procedures he received there, because the plaintiff alleged that the dental center engaged in intentional misconduct, and it was therefore unnecessary to file an expert affidavit with his complaint.

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Terry E. Hobbs, Sr. appeals following the dismissal of his complaint for failure to file an expert affidavit pursuant to OCGA § 9-11-9.1. We now affirm in part and reverse in part as more fully set forth below.

We review a trial court’s ruling on a motion to dismiss de novo, viewing all well-pled allegations in the complaint as true. Fortson v. Freeman, 313 Ga. App. 326, 326 721 SE2d 607 2011. The record shows that Hobbs filed a verified complaint against appellee Great Expressions Dental Centers of Georgia, P. C. Great Expressions asserting claims for breach of contract, fraud, breach of covenant of good faith and fair dealing, punitive damages, and attorney fees. Hobbs supported his claims by detailed allegations concerning the failure of Great Expressions’s dentists to properly perform and complete implant and related dental procedures. Great Expressions answered and moved to dismiss Hobbs’ complaint, arguing that Hobbs’ claims sounded in professional negligence and therefore required an expert affidavit pursuant to OCGA § 9-11-9.1. The trial court granted Great Expressions’s motion based solely on Hobbs’ failure to comply with OCGA § 9-11-9.1.

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