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Minnix v. Department of Transp.

Court of Appeals adopts Georgia Supreme Court's judgment that where a professional negligence action is filed against an employer based upon the action or inaction of its agent or employee, the expert affidavit requirement of OCGA § 9-11-9.1 a, as amended in 1997, does not apply to employers other than licensed health care facilities.

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In Minnix v. Department of Transportation, 240 Ga. App. 524 525 SE2d 704 1999, we affirmed the dismissal of professional negligence claims brought by Jimmy Kay Minnix and Bonnie C. Minnix against the Georgia Department of Transportation “DOT”, holding that the plaintiffs’ failure to attach an expert affidavit to their complaint was fatal to those claims. In Minnix v. Department of Transportation, Case Number S00G0340, decided July 5, 2000, the Supreme Court reversed the judgment of this Court, holding that where a professional negligence action is filed against an employer based upon the action or inaction of its agent or employee, the expert affidavit requirement of OCGA § 9-11-9.1 a, as amended in 1997, does not apply to employers other than licensed health care facilities.

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