The Georgia Supreme Court (“the Court”) recently remanded the decision of a trial court to exclude a defense expert who was not properly disclosed during discovery. In Lee v. Smith, ---S.E.2d --- (2020), the Plaintiff, Smith, was injured in an automobile accident in 2012. Smith filed suit in September 2014 against Lee, who acknowledged liability for the accident. Smith made several claims, but did not identify a future lost earnings claim until April 2017. On April 5, 201

In this matter before the Court of Appeals, Mr. Clouthier, who was involved in a tractor-trailer accident, filed suit against the Medical Center of Central Georgia (MCCG) because MCCG placed a lien on his causes of action. MCCG, at some point, learned that the injuries sustained were due to the actions of a third party (the tractor-trailer) and filed a hospital lien against Mr. Clothier’s personal injury suit. After Mr. Clouthier settled his suit, he then sued MCCG, stating