Weddington v. Kumar

Smith, Judge.

The trial court erroneously held that appellant’s suit was barred by the statute of limitations, and we therefore reverse the court’s grant of appellee’s motion for summary judgment.

Alleging that appellee had negligently performed surgery upon her on July 29, 1976, appellant initially filed her complaint for medical malpractice in the Superior Court of Cobb County on July 7,1978. Appellee’s answer to the complaint alleged that, because he was a resident of Douglas County, venue and jurisdiction were lacking and service of process was insufficient. On August 10, 1978, appellant…