Legal Opinion
Memar v. Styblo
Court of Appeals of Georgia
Decided September 12, 2008No. A08A1054PublishedCited by 10 opinions
1Opinion of the Court
Andrews, Judge.
Does the five-year statute of repose in OCGA § 9-3-71 (b) bar a medical malpractice action filed within the repose period — but not brought by the real party in interest — when the reed party in interest is substituted as the proper party plaintiff after expiration of the repose period? On the present facts, we find that it does not.
Ali Memar was the plaintiff named in the caption of a complaint filed on June 6, 2002, which set forth two separate medical malpractice actions against Toncred M. Styblo, M.D. and others. One action alleged that Dr. Styblo negligently caused the…
2Cases cited14 opinions
- Waldroup v. Greene County Hospital AuthoritySupreme Court of Georgia · 1995
- Craven v. Lowndes County Hospital AuthoritySupreme Court of Georgia · 1993
- Block v. Voyager Life InsuranceSupreme Court of Georgia · 1983
- Franklyn Gesner Fine Paintings, Inc. v. KetchamSupreme Court of Georgia · 1984
- First Christ Holiness Church, Inc. v. Owens Temple First Christ Holiness Church, Inc.Supreme Court of Georgia · 2008
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3Cited by10 opinions
- Ray v. HadawayCourt of Appeals of Georgia · 2018
- Riding v. EllisCourt of Appeals of Georgia · 2009
- Granite Loan Solutions, LLC v. KingCourt of Appeals of Georgia · 2015
- In re Estate of CoutermarshCourt of Appeals of Georgia · 2013
- PNC Bank, N.A. v. TidwellCourt of Appeals of Georgia · 2012
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