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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.

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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.

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