Cowart v. Widener

Summary

The Supreme Court of Georgia affirmed summary judgment for the defendants in this wrongful death action, answering two certified questions and applying them to the record. It held that expert evidence typically is not required to prove causation in a simple negligence case, but is required where a 'specialized medical question' - one beyond common knowledge and experience - is needed to link the defendant's conduct to the injury. On the unusual failure-to-render-aid theory presented, the court held the plaintiffs offered neither ordinary nor expert evidence showing that Widener's failure to seek medical assistance proximately caused Cowart's death from internal bleeding, and that uncontradicted testimony cannot simply be disbelieved to defeat summary judgment absent concrete contradictory evidence. Chief Justice Hunstein, joined by Presiding Justice Carley and Justice Benham, concurred in part and dissented in part, contending that credibility questions about Widener's self-serving account had to go to a jury; Justice Thompson concurred in Divisions 1 and 2 and in the judgment.