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Jasarevic v. Foster

Statements a physician makes in his or her medical records that are pertinent and material to a workers' compensation claim are privileged as a matter of law and cannot serve as a basis for a claim of libel.

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Nedzad Jasarevic appeals from the trial court’s dismissal of his complaint against Dr. John Foster, III and Dominion Orthopaedic Clinic, LLC collectively, “the Defendants”. He contends, inter alia, that Dr. Foster committed libel by falsely accusing him of committing a crime and, therefore, the trial court erred in dismissing his complaint. For the reasons set forth below, we find that the trial court properly concluded that the statements at issue were privileged and, as a result, Jasarevic could not prevail on his complaint. Consequently, we affirm.

“A motion to dismiss for failure to state a claim should be sustained if the allegations of the complaint reveal, with certainty, that the plaintiff would not be entitled to relief under any state of provable facts asserted in support of the complaint.” Footnote omitted. LaSonde v. Chase Mortgage Co., 259 Ga. App. 772, 774 1 577 SE2d 822 2003. “On appeal, this Court reviews the denial of a motion to dismiss de novo. However, we construe the pleadings in the light most favorable to the plaintiff with any doubts resolved in his favor.” Citations, punctuation and footnote omitted. Liu v. Boyd, 294 Ga. App. 224 668 SE2d 843 2008.

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