Coon v. the Medical Center, Inc.

Summary

The court held that, when a tort claim is governed by common law and the other jurisdiction also applies common law, Georgia courts determine and apply the common law as understood by Georgia courts. Applying that rule, Georgia’s physical impact rule governed the negligent infliction of emotional distress claim, and the court declined to create an exception for negligent mishandling of human remains. The court therefore affirmed summary judgment for the hospital.