Georgia Courts may consider an expert opinion, even where arguments that some or part of the testimony it is purely speculative or conjectural exist. In a 4 to 3 decision, the Georgia Supreme Court in Layfield v. Department of Transportation, 280 Ga. 848, 632 S.E.2d 135 (2006) held that the crucial factor is whether the expert opinion is wholly speculative. The dissenting justices worried that this creates an opportunity to deny summary judgment when the expert testimony is conclusory and, therefore, inadmissible. The majority opined, instead, that where there exists objective evidence underlying the expert’s opinions, it is up to the jury to determine the weight to be given to such an opinion. Of note, this decision addressed facts pre-dating Georgia’s statutory adoption of the Daubert standards for admissibility and consideration of so called expert testimony.
For more information, please contact Tim Buckley at (404) 974-4570.
