Trucano v. Rosenberg

Blackburn, Judge.

Gene B. Trucano appeals the trial court’s order granting defendants’ motion for summary judgment. Trucano filed the underlying action seeking damages for the alleged dental malpractice of Charles M. Rosenberg, D.D.S. and Darrell J. Gilbert, D.D.S.

In Trucano’s original complaint she properly invoked the provisions of OCGA § 9-11-9.1 (b) 1 as it was filed within ten days of the expiration of the applicable statute of limitation. However, instead of filing the expert affidavit within the 45 days allowed under OCGA § 9-11-9.1 (b) or a motion to extend this time limit, Trucano…