Jon Engle v. Aaron Payne, DDS

The plaintiff brought suit against his dentist, asserting that the dentist was negligent in failing to diagnose and treat a cavity which the plaintiff contends was apparent from an x-ray and from his complaints of discomfort, ultimately resulting in loss of the plaintiff’s tooth.  The action was dismissed because the plaintiff never filed a certificate of good faith. On appeal, the plaintiff argues that his claim falls within the common knowledge exception to the certificate of good faith requirement.  We conclude that the allegations do not fall within the common knowledge exception, and we affirm the dismissal.