[Download] "Colston v. Fred's Pest Control" by Court of Appeals of Georgia # eBook PDF Kindle ePub Free

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eBook details

• Title: Colston v. Fred's Pest Control
• Author : Court of Appeals of Georgia
• Release Date : January 01, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

On February 4, 1992, the appellant/plaintiff, Jerrold Colston, brought the instant action against the appellee/defendant, Fred's Pest Control, Inc. (Fred), for Fred's alleged negligence in the inspection and treatment of Colston's home and for Fred's failure to provide Colston with protection from termites pursuant to a contractual agreement. Fred responded to the complaint on March 4, 1992, denying liability and asserting several defenses. On April 14, 1992, 41 days after the filing of its initial responsive pleading, Fred amended his answer, and asserted that Colston failed to contemporaneously file an expert affidavit with his complaint for professional negligence, and as a result, the complaint did not comply with OCGA § 9-11-9. 1. Seven months later, Fred filed a motion to dismiss the complaint based upon Colston's failure to file an expert affidavit, and the trial court granted the motion. This appeal followed. Colston contends that the trial court erred in granting Fred's motion to dismiss. He further maintains that the trial court incorrectly applied the standards enunciated by our Supreme Court in Gillis v. Goodgame, 262 Ga. 117 (414 S.E.2d 197) (1992), and Glaser v. Meck, 258 Ga. 468 (369 S.E.2d 912) (1988).

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