Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bell v. Austin

The oath specified by O.C.G.A. § 24-9-60 is not mandated with regard to the admission of narrative medical reports under O.C.G.A. § 24-3-18, since admission of such a report does not involve oral testimony.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Deborah Austin was injured when her car was struck from behind by a van operated by Curtis Bell. Seeking to recover damages, Mrs. Austin and her husband Appellees filed a tort action against Bell Appellant. Pursuant to OCGA § 24-3-18 a, they gave timely pre-trial notice that they intended to introduce into evidence a narrative medical report made by one of Mrs. Austin’s physicians. Also acting pursuant to OCGA § 24-3-18 a, Appellant filed a timely challenge to the admissibility of the report on various grounds, including an attack on the constitutionality of the statute itself. The trial court overruled the objections, and admitted the report at trial. The jury returned a verdict in favor of Appellees. Appellant filed a notice of appeal to the Court of Appeals, which properly transferred the case to this Court on the ground that it is within our jurisdiction over appeals raising constitutional issues. 1. A constitutional question will not be decided unless it is essential to the resolution of the case. Bagwell v. Cash , 207 Ga. 222, 223 4 60 SE2d 628 1950. Therefore, our initial focus is on the non-constitutional objections to admission of the record.

a Appellant contends that OCGA § 24-3-18 permits the jury to hear medical testimony without sanction of the oath otherwise required by OCGA § 24-9-60.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Court Commissioner

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...


Apply Now ›
(NEW) SUPERVISORY LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...


Apply Now ›
(NEW) MID-SENIOR LEVEL LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client , is seeking to hire a mid-senior attorney for their growing Alabama team. Qualified candidates will have 4+ years of litigatio...


Apply Now ›
Go to Lawjobs