Howell v. ZOTTOLI

BLACKBURN, Presiding Judge.

In this medical malpractice action, Vicki Howell (individually and as adminstratrix of the estate of her late husband) appeals the summary judgment granted to Dr. Lawrence Zottoli, arguing that the statute of repose1 had not run on her claims against Dr. Zottoli. Because Dr. Zottoli’s alleged misdiagnosis and mistreatment began in 1996, we agree with the trial court that the complaint filed seven years later was barred by the five-year statute of repose. Accordingly, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant…