Thomas A. Jones, III filed the instant lawsuit against David G. O’Day, M.D.,1 alleging that Dr. O’Day had used an incorrect procedure when he performed vision correction surgery upon Jones. Although Jones had allegedly requested Photo Refractive Keratectomy “PRK” corrective surgery, Dr. O’Day performed laser assisted in-situ keratomileusis “Lasik” surgery instead. As a result of the incorrect surgical procedure, Jones claims that he was disqualified from entering Naval flight school and from pursuing his goal of becoming a pilot. Jones’s complaint alleged claims of medical negligence and battery, and sought future loss of earning capacity as part of his damages. Dr. O’Day filed a motion for partial summary judgment as to Jones’s claim for future loss of earning capacity, contending that there was no evidence of a physical injury that affected Jones’s earning capacity and no evidence establishing the monetary amount of any lost future earnings. The trial court granted the motion, from which Jones appeals. For the reasons that follow, we affirm. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56c. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56e. Citation and punctuation omitted; emphasis in original. Lau’s Corp., Inc. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.
The record evidence shows that between the years 2001 to 2005, Jones was a student at the Georgia Institute of Technology and a midshipmen in the Naval ROTC program. Jones’s ambition and goal was to become a Naval pilot and ultimately to become employed as a pilot with a commercial airline. However, Jones had poor eyesight, which allegedly rendered him medically ineligible for admission into the Navy’s aviation program.
