Robinson v. Stuck

Sognier, Judge.

Inez and A. J. Robinson brought suit against Robert G. Stuck, M.D., alleging claims for medical malpractice, negligence, fraud, and breach of contract arising from wrist surgery performed on Mrs. Robinson in 1983. The trial court granted Stuck’s motions to dismiss and for summary judgment, and the Robinsons appeal.

Appellants first filed an action against appellee on February 7, 1985, but dismissed it without prejudice on July 23, 1987. They refiled their suit on January 22, 1988, the second to the last day available for renewal of their action under OCGA § 9-2-61 (a). A Newton…