Barnes, Presiding Judge.
In Doherty v. Brown , 339 Ga. App. 567, 794 S.E.2d 217 (2016) this Court affirmed the jurys verdict in favor of the plaintiffs. However, in Southeastern Pain Specialists, P. C. v. Brown , 303 Ga. 265, 811 S.E.2d 360 (2018), the Supreme Court of Georgia reversed this Courts opinion upon finding that because the evidence did not support the claim, the trial court had erred in giving an instruction on ordinary negligence. Id. at 272-273 (2) (b), 811 S.E.2d 360. The Court instructed that this Court on remand order a full retrial as to the appellants. Id. at 266, 811 S.E.2d 360.
Thus, we vacate our opinion in these cases and adopt the opinion of our Supreme Court as our own. In accordance with the directive of the Supreme Court, the jurys verdict must be reversed and the case remanded for a new trial. Judgment reversed.
Rickman and Goss, JJ., concur.
The plaintiff-appellants in Case No. A16A0764, Brown et al. v. Southeastern Pain Specialists , et al. , did not file a separate petition challenging this Courts affirmance of the trial courts exclusion of certain evidence and denial of their motion for a mistrial. Thus, as to the evidentiary issues ruled on and asserted in that appeal, the Supreme Court held that the issues were beyond the scope of [its] grant of certiorari but, the trial court remains free to revisit its ruling as it considers the admissibility of evidence on retrial. Southeastern Pain Specialists at 303 Ga. at 274-275 (2) (c), 811 S.E.2d 360.