Wanda Dockens appeals from the grant of summary judgment to Runkle Consulting, Inc. in this fraud and negligent inspection case. She contends the court erred in finding, inter alia, that the negligence claim alleged professional malpractice that required an affidavit pursuant to OCGA § 9-11-9.1, and that her complaint failed to state a cause of action for fraud. For the following reasons, we affirm. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. On appeal of a grant of summary judgment, this Court reviews the evidence de novo to determine whether a genuine issue of material fact exists or whether the movant is entitled to judgment as a matter of law Citations and punctuation omitted. Johnson v. Rodier , 242 Ga. App. 496, 498 2 529 SE2d 442 2000. The record shows the following undisputed facts, viewed in the light most favorable to Dockens, as the nonmovant. George W. Runkle is an engineer and president of Runkle Consulting, Inc., a consulting engineering firm which provides structural engineering, inspections, and other services to builders and developers. Runkle was hired by Sunrise Builders, Inc., to inspect a retaining wall on lot 10 B in the Garden City subdivision in DeKalb County in order to determine if the wall complied with the applicable building codes and acceptable engineering practices. On or around July 12, 2001, Runkle inspected the wall and determined that it complied with the applicable building codes and acceptable engineering practices. On July 14, 2001, Runkle sent Sunrise Builders a letter that stated, in relevant part, as follows: At your request, I inspected the timber retaining wall on Lot B. It was constructed from creosote treated railroad ties, battered back 1 1/2″ each tie. The wall is 5′ to 6′ tall. Dead men were placed every third course of ties, and on 6′ centers. In our discussion, you stated that the dead men are six foot long, and are battered at the back with an additional railroad tie. This layout is acceptable, and will provide adequate resistance from sliding and overturning. On August 6, 2001, Dockens, who is a licensed realtor in Georgia, purchased property which was adjacent to the retaining wall. Before she purchased the property, she noticed that the ground surrounding the wall was “too soft,” and complained about it to the builder. The builder told Dockens that the wall had been inspected by an engineer and certified as “sound.” Dockens admitted that, at the time she purchased her property, she did not know who had inspected the retaining wall or whether that person was actually an engineer, and she had not received a copy of Runkle’s letter to Sunrise Builders. In fact, there is no evidence that Dockens had any contact with Runkle before she closed on her property.
In July 2005, part of the retaining wall collapsed, damaging Dockens’ property. According to Dockens, a subsequent inspection revealed that the wall was not constructed as described in Runkle’s inspection letter. Dockens filed a pro se complaint against Runkle Consulting, Inc., on August 8, 2005, alleging that Runkle negligently inspected the wall1 and committed fraud when he issued the inspection letter. Runkle answered and asserted, inter alia, that the complaint failed to state a cause of action for fraud, that the negligence claim failed to comply with the expert affidavit requirements of OCGA § 9-11-9.1, and that the claims were barred by the applicable statutes of limitation. Runkle filed a motion for summary judgment and, following a hearing, the trial court granted the motion on these three bases.
