Walker v. Brannan

533 S.E.2d 129 (2000)

243 Ga. App. 235

WALKER

v.

BRANNAN.

No. A99A1998.

Court of Appeals of Georgia.

March 29, 2000.

Charles E. Muskett, East Point, for appellant.

Beck, Owen & Murray, Samuel A. Murray, Griffin, for appellee.

SMITH, Judge.

In this case, we must consider whether a plaintiff may avoid the consequences of failing to file within the applicable statute of limitation through a belated assertion that the statute was tolled by mental incapacity.

Here, the plaintiff's contention by affidavit that she suffered from an unspecified, debilitating mental condition lasting either 20 or 28 days[1] is in…