Georgia Supreme Court Upholds Strict Interpretation of the Georgia Daubert Statute


The Georgia Supreme Court’s recent decision in HNTB Georgia, Inc. v. Hamilton-King,1 outlines the high standard to which Georgia courts will be held in assessing the qualifications of a party’s “expert.” In HNTB, the Court upheld a trial court’s exclusion of an expert’s testimony based on the court’s determination that he lacked the education and experience to testify about construction defect standards. This decision will provide construction litigants with grounds upon which to challenge the opposing sides’ experts and should serve as a word of caution to those litigants who do not perform their due diligence in retaining a qualified expert.

HNTB involved negligence claims of two individuals, Lakeisha Hamilton-King and Justin Hamilton (the Hamiltons) against HNTB Georgia, Inc. (HNTB). The Hamiltons had suffered physical injuries stemming from an accident in a bridge construction zone on Interstate 95 in south Georgia, in which their brother Johnny was killed. The Hamiltons sued HNTB, the designer of the bridge-widening project, and Plant Improvement Company d/b/a Seaboard Construction Company (Seaboard), alleging, among other things, that they had failed to include shoulders in their traffic control plans and failed to implement proper lighting in the construction zone.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Eversheds Sutherland (US) LLP | Attorney Advertising

Written by:


Eversheds Sutherland (US) LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.