Legal Opinion

Gunby v. Simon

Supreme Court of Georgia

Decided March 22, 2004No. S03G0909PublishedCited by 12 opinions

1Opinion of the Court

Hines, Justice.

We granted certiorari in Simon v. Gunby, 260 Ga. App. 3 (578 SE2d 482) (2003), to consider whether the Court of Appeals was correct when it determined that any malpractice action based on the second and third of three surgeries Dr. Simon performed on Ms. Gunby was barred by res judicata because of the dismissal with prejudice of a suit based upon the first of her surgeries. Finding that the Court of Appeals erred, we reverse.

In 1995, Dr. Simon removed silicone breast implants from Ms. Gunby and replaced them with saline implants. Problems developed with the right breast…

2Cases cited4 opinions

  1. Waldroup v. Greene County Hospital AuthoritySupreme Court of Georgia · 1995
  2. Lawson v. WatkinsSupreme Court of Georgia · 1991
  3. Simon v. GunbyCourt of Appeals of Georgia · 2003
  4. Snuggs v. SnuggsSupreme Court of Georgia · 2002

3Cited by12 opinions

  1. Palmer & Cay, Inc. v. Marsh & McLennan Companies, Inc.Court of Appeals for the Eleventh Circuit · 2005
  2. Morrison v. MorrisonSupreme Court of Georgia · 2008
  3. Brown & Williamson Tobacco Corp. v. GaultSupreme Court of Georgia · 2006
  4. Coen v. CDC Software Corp.Supreme Court of Georgia · 2018
  5. Global Ship Systems, LLC v. Riverhawk Group, LLCCourt of Appeals of Georgia · 2015

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