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Applebrook Country Dayschool, Inc. v. Thurman

Citations: 272 Ga. App. 639; 613 S.E.2d 192; 2005 Fulton County D. Rep. 1179; 2005 Ga. App. LEXIS 357; 2005 WL 767861Docket: A03A1252

Court: Court of Appeals of Georgia; April 6, 2005; Georgia; State Appellate Court

Narrative Opinion Summary

The trial court's admission of expert testimony regarding the standard of care for supervision in a daycare setting was found to be erroneous in Division 1 of Applebrook Country Dayschool v. Thurman. The Supreme Court later granted certiorari and reversed this decision, stating that expert testimony on infant sleep positioning is relevant and admissible in negligence cases involving childcare supervision to help the jury assess whether the provider failed in their duty of care. Consequently, Division 1 of the earlier opinion is vacated, and the Supreme Court’s judgment and opinion are adopted as authoritative. This reversal does not impact Divisions 2 and 3 of the prior opinion. The judgment is affirmed, with Judges Smith and Miller concurring.

Legal Issues Addressed

Admissibility of Expert Testimony in Negligence Cases

Application: The Supreme Court held that expert testimony regarding infant sleep positioning is relevant and admissible in negligence cases involving childcare supervision.

Reasoning: The Supreme Court later granted certiorari and reversed this decision, stating that expert testimony on infant sleep positioning is relevant and admissible in negligence cases involving childcare supervision to help the jury assess whether the provider failed in their duty of care.

Judgment Affirmation with Partial Reversal

Application: The Supreme Court's reversal of Division 1 does not affect Divisions 2 and 3 of the prior opinion, thus maintaining the judgment's affirmation.

Reasoning: This reversal does not impact Divisions 2 and 3 of the prior opinion. The judgment is affirmed, with Judges Smith and Miller concurring.

Standard of Care in Daycare Settings

Application: The previous ruling that expert testimony on the standard of care for supervision in a daycare setting was erroneous was vacated, validating the necessity of expert testimony to establish standard of care.

Reasoning: The trial court's admission of expert testimony regarding the standard of care for supervision in a daycare setting was found to be erroneous in Division 1 of Applebrook Country Dayschool v. Thurman.