Jordan v. Scherffius

Jordan, Presiding Judge.

This is an appeal from the grant of a summary judgment eliminating prenatal injuries as the cause of a child’s death. The mother was injured in an automobile collision on May 10:, 1968. The child was born on July 30, 1968, and died on October 12, 1968. The claimed cause of death is refuted by the uncontradicted medical opinion of the physician who delivered the child, who observed no evidence of prenatal injury, and another physician who examined the child after death and listed the cause of death as pneumonia on the death certificate, without the benefit of an autopsy.

Opinion testimony oj the ultimate fact to be decided in a case is never sufficient to authorize a summary judgment. Harrison v. Tuggle, 225 Ga. 211 (167 SE2d 395); Ginn v. Morgan, 225 Ga. 192 (167 SE2d 393); Truluck v. Funderburk, 119 Ga. App. 734 (168 SE2d 657); Williams v. Melton, 120 Ga. App. 466 (171 SE2d 318).

Judgment reversed.

Pannell, J., concurs. Eberhardt, J., concurs specially.