Legal Opinion
Rector v. O'Day
Court of Appeals of Georgia
Decided August 2, 2004No. A04A1217PublishedCited by 2 opinions
1Opinion of the Court
Barnes, Judge.
Eric Rector filed a renewal complaint against David O’Day, M.D. and the Laser Vision Institute, LLC, for medical malpractice related to LASIK eye surgery. The trial court granted summary judgment to the defendants, holding that because Rector’s first suit was procedurally defective under OCGA § 9-11-9.1 when he dismissed it, it could not serve as the basis for his second complaint, which was filed after the statute of limitation ran. Rector appeals, and we reverse the trial court. Because the requisite malpractice affidavit was available when Rector filed his initial complaint…
2Cases cited7 opinions
- Hobbs v. ArthurSupreme Court of Georgia · 1994
- Smith v. Morris, Manning & Martin, LLPCourt of Appeals of Georgia · 2003
- Fales v. JacobsCourt of Appeals of Georgia · 2003
- Lyberger v. RobinsonCourt of Appeals of Georgia · 1993
- Grier-Baxter v. SibleyCourt of Appeals of Georgia · 2001
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3Cited by2 opinions
- Bardo v. LissCourt of Appeals of Georgia · 2005
- Yasund Q. Hancock v. Brent CapeCourt of Appeals for the Eleventh Circuit · 2017