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Graham v. Wellstar Health Sys. Inc.

The expert affidavits specifically incorporated in the plaintiffs' amended complaint sufficiently stated specific examples of duty and alleged breach that supported claims for professional negligence, and the trial court erred in granting summary judgment to the defendants on those claims in a suit arising out of a jail detainee's death due to liver failure.

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This appeal is from the grant of partial summary judgment in an action arising out of the death of Justin Graham due to liver failure following his arrest for DUI. The operative facts of the case are fully set forth in a previous appeal and will not be reiterated here. See Graham v. Cobb County, 316 Ga. App. 738 730 SE2d 439 2012.

Subsequent to that earlier appeal, Graham’s family hereinafter Graham filed a third amendment to the complaint withdrawing all remaining claims and instead asserting the following claims: 1 simple negligence as to Dr. Clarence Hendrix as chief medical officer at the Cobb County Adult Detention Infirmary, and as to David Howell as Administrator for Wellstar Health Systems; 2 professional negligence as to Dr. Hendrix; 3 simple negligence as to Wellstar under the doctrine of respondeat superior based on the acts of Dr. Hendrix and David Howell; 4 Negligence per se as to Wellstar; 5 wrongful death as to all defendants; and 6 pain and suffering as to all defendants.

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