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Jordan v. Everson et al.

The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.

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McFadden, Presiding Judge.   In Everson v. Phoebe Sumter Med. Center, 341 Ga. App. 182 (798 SE2d 667) (2017), we issued a single opinion in two appeals, Case No. A16A1709 and Case No. A16A1710, in which we affirmed the trial court’s grant of summary judgment to a hospital and denial of summary judgment to a doctor in a medical malpractice action. In Jordan v. Everson, 302 Ga. 364 (806 SE2d 533) (2017), our Supreme Court reversed our judgment in part in Case No. A16A1710, concluding that we erred “[t]o the extent that [we] held that summary judgment was properly denied to [defendant] Jordan because the alleged intervening act was not ‘wrongful or negligent[.]‘” Id. at 365-366. “In order to assess whether the [alleged intervening act] severed any causal chain in this case, the jury would not have to determine whether the act was wrongful or negligent but only whether it was reasonably foreseeable by Jordan or if it was triggered by his conduct.” Id. at 365.The Supreme Court left the remainder of our judgment undisturbed. Id. n. 1.Divisions 1 through 4 of our opinion in Everson, 341 Ga. App. 182, concern issues raised in Case No. A16A1709 regarding Jordan’s co-defendant. Because the Supreme Court neither addressed nor considered those Divisions, they “become binding upon the return of the remittitur.” Shadix v. Carroll County, 274 Ga. 560, 563 (1) (554 SE2d 465) (2001).The following paragraph of our decision, in Division 5 (b), contains the holding that the Supreme Court has ruled to be erroneous:Moreover, when a defendant claims

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