dissenting in part.
I concur in the majority’s reversal of appellee’s judgment against the appellant Atlanta and West Point Railroad Company. I also concur in that portion of the majority’s opinion which holds the appellant City of Fairburn’s enumeration of the general grounds is without *70merit. I cannot, however, concur in the majority’s ultimate affirmance of judgment in favor of appellee against the appellant City of Fair-burn. In Division 10 of its opinion, the majority holds that the trial court did not err in sustaining appellee’s objection to the admission into evidence of certain deposition testimony which had been given by his treating physician. The sustained objection was to the lack of a sufficient showing of the witness’ expert qualifications to give the testimony. In holding that there was no error, the majority purports to distinguish Andean Motor Co. v. Mulkey, 251 Ga. 32 (1) (302 SE2d 550) (1983). In my opinion, Mulkey cannot be distinguished and, as controlling authority, mandates the reversal of the judgment in Case Number 76075. Accordingly, I must respectfully dissent to the majority’s failure to grant a new trial as to the appellant City of Fairburn.
During the deposition of appellee’s treating physician, there was no objection raised to his expert qualifications to give the testimony which was subsequently disallowed pursuant to appellee’s objection at trial. “Extended discussion or citation of authorities is not required to demonstrate that if [appellee] had objected during the deposition to the absence of proof of the witness’ competence to testify as an expert, . . . counsel [for the appellant City of Fairburn] might have been able to cure this ground of objection by proof of the witness’ qualifications. [Appellee] thus waived his right to raise this objection. OCGA § 9-11-32 (d) (3) (A). . . . [Cit.]” Andean Motor Co. v. Mulkey, supra at 251 (1). The majority seemingly interprets Mulkey as standing for the proposition that, notwithstanding the provisions of OCGA § 9-11-32 (d) (3) (A), the sustaining or overruling of an objection which is raised at trial to a deponent’s expert qualifications to give certain testimony is a matter which is addressed to the trial court’s discretion. According to the majority, Mulkey was a case wherein the Supreme Court affirmed the trial court’s exercise of its discretion to admit evidence over an objection to the deponent’s expert qualifications, whereas the present case is simply one wherein the trial court was authorized to exercise its discretion to exclude the deposition testimony over that objection. However, it was only this court which addressed the trial court’s determination to sustain or overrule a trial objection to the deposition testimony in terms of the exercise of discretion. See Mulkey v. Gen. Motors Corp., 164 Ga. App. 752 (299 SE2d 48) (1982). The Supreme Court reversed this court but, in so doing, the Supreme Court did not hold that it was the trial court’s exercise of its discretion which authorized it to admit the evidence over the objection which had not been raised during the deposition. Instead, the Supreme Court based its holding solely upon the provisions of OCGA § 9-11-32 (d) (3) (A). Accordingly, contrary to the majority, I construe Mulkey to stand for the proposition that, in ruling on an objection at trial to the expert qualifications of a deponent, *71it is only the provisions of OCGA § 9-11-32 (d) (3) (A) which are controlling, not the exercise of discretion of the trial court. Under OCGA § 9-11-32 (d) (3) (A), any objection by appellee to the deposition testimony of his treating physician was waived. The majority cites no case which supports its proposition that the trial court has discretion to sustain an objection to the admission of evidence at trial, which objection has already been waived as a matter of law.
Decided July 8, 1988 Rehearings denied July 27, 1988 Gary H. Brakefield, Kirby A. Glaze, George E. Glaze, for City of Fairburn. Charles H. Ivy, Joseph C. Chancey, Harold N. Hill, Jr., for Cook. Jack H. Senterfitt, Richard T. Fulton, William B. Brown, for At*72lanta & West Point Railroad.*71The majority also attempts to distinguish Mulkey by relying upon the fact that the deposition in the case at bar sets forth the deponent’s expert qualifications in some detail, whereas there was comparatively little evidence adduced as to the witness’ expertise with regard to the issue involved in Mulkey. According to the majority, this serves to demonstrate that the appellant City of Fairburn could not have “cured” the objection which was subsequently raised at trial to the admission of the deponent’s testimony, even if that objection had been raised at the deposition. The majority fails to consider that, regardless of the extent of the detail which may have been adduced during the deposition, the point in Mulkey is identical to the point in the present case: The party who proffered the deposition testimony at trial was not put on notice of any objection to the expert qualifications of the witness so as to be afforded an opportunity to attempt to make a timely cure of any possible defect in the deposition testimony. We cannot say with any degree of certainty that, had counsel for the appellant City of Fairburn been apprised of the need to do so, he would not have been able to proffer additional testimony to demonstrate the expert qualifications of the deponent to give his opinion on the specific issue in question.
It is my opinion that Mulkey is applicable and controlling and that we should reverse judgment in favor of appellee and order a new trial as against the appellant City of Fairburn. Accordingly, I must respectfully dissent to the affirmance of the judgment in Case No. 76075.
I am authorized to state that Presiding Judge McMurray joins in this dissent.