Blaustein v. Harrison

Banke, Judge.

This medical malpractice action was initially filed in the United States District Court for the Northern District of Georgia, where it was dismissed for lack of diversity jurisdiction. Within six months of this dismissal, but more than two years after accrual of the cause of action, the plaintiff refiled the suit in the Superior Court of Fulton County. The trial court granted summary judgment to the defendant based on the running of statute of limitation (Code Ann. § 3-1102; Ga. L. 1976, pp. 1363, 1364). The plaintiff appeals, contending that she was authorized under Code Ann. §…