Jordan v. Everson

Following the death of Ben Everson, his parents sued Brian Jordan, the emergency room physician who attended to Ben two days before his death. Jordan’s motion for summary judgment was denied by the trial court, and he appealed to the Court of Appeals. In Everson v. Phoebe Sumter Medical Center, 798 SE2d 667 (2017), the Court of Appeals affirmed the denial of summary judgment. In reaching its decision, the Court of Appeals held that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act was “wrongful or negligent.” Because this holding was erroneous and was in conflict with longstanding precedent of the Georgia Supreme Court, the Supreme Court granted certiorari review and reversed that portion of “Everson.” View "Jordan v. Everson" on Justia Law