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Colvard v. Mosley

As a matter of law, the plaintiffs could not recover their expenses for medical tests performed by a chiropractor, where such tests were outside the scope of chiropractic care as defined by O.C.G.A. § 43-9-16.

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Donald Roy Colvard and Linda Colvard sued Khristy Dawn Mosley for damages arising out of an automobile collision, including damages for the expenses of medical care and treatment of injuries to Donald Colvard. After discovery, Mosley filed a motion for partial summary judgment seeking to prohibit the Colvards from recovering certain expenses incurred by Donald Colvard in connection with the treatment of his injuries. Mosley claimed these expenses were incurred for procedures performed or ordered by a chiropractor outside the scope of authorized chiropractic care. In particular, Mosley claims the Colvards could not recover damages attributable to i diagnostic ultrasound and nerve conduction studies billed by Dr. Donald F. Riefer, Donald Colvard’s chiropractor, in the amount of $1,212 “Dr. Riefer’s charges”, or ii certain procedures performed by the Comprehensive Medical Group “CMG” upon referral by Dr. Riefer, and billed in the amount of $3,080 the “CMG charges”. In Case No. A04A1804, the Colvards appeal the trial court’s grant of partial summary judgment to Mosley as to the CMG charges. In Case No. A04A1805, Mosley appeals the trial court’s denial of her motion for partial summary judgment with respect to Dr. Riefer’s charges. For the reasons set forth below, we affirm in Case No. A04A1804 and reverse in Case No. A04A1805.

A04A1804

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