Walker v. Brannan

Smith, Judge.

In this case, we must consider whether a plaintiff may avoid the consequences of failing to file within the applicable statute of limitation through a belated assertion that the statute was tolled by mental incapacity. Here, the plaintiff’s contention by affidavit that she suffered from an unspecified, debilitating mental condition lasting either 20 or 28 days1 is in direct contradiction to her deposition testimony, and the trial court did not err in refusing to toll the statute.

*236On October 12, 1998, Sheila Walker filed suit against Lean Brannan for injuries sustained on September…