APPLEBROOK COUNTRY DAYSCHOOL, INC. v. THURMAN et al., 272 Ga. App. 639

Ruffin, Chief Judge. In Division 1 of Applebrook Country Dayschool v. Thurman, we found that the trial court erred in admitting expert testimony regarding the standard of care for supervision in a day care setting. The Supreme Court subsequently granted certiorari and reversed, holding that “[e]xpert testimony regarding infant sleep positioning is admissible in a negligent childcare supervision case to assist the jury in determining whether the childcare provider breached its duty of care.” Accordingly, we vacate Division 1 of our earlier opinion and adopt the judgment and opinion of the Supreme Court as our own.

The Supreme Court’s reversal does not affect Divisions 2 and 3 of our prior opinion. Judgment affirmed. Smith, P. J., and Miller, J., concur. 264 Ga. App. 591, 591-594 (1) (591 SE2d 406) (2003). Thurman v. Applebrook Country Dayschool, 278 Ga. 784, 787 (3) (604 SE2d 832) (2004).