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Tice v. Cole

Any error in the admission of documents relating to disciplinary complaints against plaintiff's expert was harmless, since the evidence was cumulative of the expert's own testimony.

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Following a jury trial, Randall Tice appeals the judgment in favor of defendants, Jim Cole, D.D.S., and Marietta Dental Associates, P.C., on his dental malpractice action, contending that the trial court erred by: 1 allowing defense counsel to cross-examine his expert witness about complaints filed against him; 2 admitting certain documents into evidence; and 3 charging the jury on foreseeability. In addition, Tice contends the trial court erred in granting partial summary judgment to defendants because certain negligence claims were time-barred. For the reasons set forth below, we affirm.

On appeal, the evidence is construed most strongly to support the verdict and judgment. Yeary v. Bell, 228 Ga. App. 522 2 492 SE2d 278 1997. So construed, the evidence shows that Tice first visited Dr. Cole, a general dentist at Marietta Dental Associates, for treatment in October 1983. At that time, Tice had severe, advanced periodontal disease in all four quadrants of his mouth, as well as bone loss and deterioration caused by the progression of the disease. As a result of Tice’s poor dental hygiene, his teeth had become so diseased that they were too sensitive to clean thoroughly.

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