Legal Opinion · Concurrence

Bauer v. North Fulton Medical Center, Inc.

Court of Appeals of Georgia

Decided December 16, 1999No. A99A1927Published

1ConcurrenceEldridge, Judge

While I fully concur in the well-reasoned majority opinion, I wish to elaborate on the damage issues raised in this appeal.

1. Plaintiff could have recovered damages for peace, happiness, and feelings under OCGA § 51-12-6 for the malicious, wilful or wanton conduct of the defendants in tortiously desecrating her husband’s body; however, the majority correctly holds that such personal injury damages are barred by the two-year statute of limitation. See Blanchard v. Westview Cemetery, 228 Ga. 461 (186 SE2d 92) (1971); see also Moody v. Dykes, 269 Ga. 217, 219 (2) (496 SE2d 907) (1998); Ryckeley…

2Cases cited11 opinions

  1. Ryckeley v. CallawaySupreme Court of Georgia · 1992
  2. Moody v. DykesSupreme Court of Georgia · 1998
  3. Williams v. HarrisSupreme Court of Georgia · 1951
  4. Diedrich v. Miller & Meier & Associates, Architects & Planners, Inc.Supreme Court of Georgia · 1985
  5. Foster v. SikesSupreme Court of Georgia · 1947

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