Krasaeath v. Parker

Beasley, Presiding Judge.

Interlocutory review is given to the denial of Krasaeath’s motion to dismiss plaintiff’s complaint, made on the basis that the action is in essence one for medical malpractice. At issue is whether the action is maintainable under a twenty-year statute of limitation for actions for contribution between joint tortfeasors, OCGA §§ 51-12-32 and 23-2-71, or whether it is barred by the five-year statute of repose for medical malpractice actions, OCGA § 9-3-73. In this case of first impression, we hold that the latter statute bars plaintiff’s claim.

Plaintiff sought…