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Yugueros v. Robles

The Court of Appeals erred in holding that deposition testimony of an organizational representative taken under O.C.G.A. § 9-11-30 b 6 may be admitted into evidence at trial under O.C.G.A. § 9-11-32 a 2, without regard to the rules of evidence governing admissibility of expert testimony.

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This Court granted certiorari to the Court of Appeals in Robles v. Yugueros, 335 Ga. App. 324 779 SE2d 139 2015, to determine whether that Court was correct in holding that deposition testimony of an organizational representative taken under OCGA § 9-11-30 b 6 may be admitted into evidence at trial under OCGA § 9-11-32 a 2, without regard to the rules of evidence governing admissibility of expert testimony, see OCGA § 24-7-702. Finding that the Court of Appeals erred, we reverse and remand this case for further proceedings.

Iselda Moreno, wife of Rudy Robles, received liposuction, buttock augmentation, and abdominoplasty surgery performed by Dr. Patricia Yugueros of Artisan Plastic Surgery, LLC Artisan on June 24, 2009. Suffering abdominal pain, Moreno went to the emergency room at Gwinnett Medical Center GMC, where Dr. Michael Violette ultimately discharged her after determining her abdominal x-ray was unremarkable. A GMC radiologist, Dr. James York, who later saw Moreno’s abdominal x-ray, could not rule out the possibility of free air in her abdomen, which could be a normal post-operative condition or could indicate a more serious issue. He recommended a CT scan and posted this opinion in Moreno’s electronic medical record.

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