Legal Opinion

Waldroup v. Greene County Hospital Authority

Supreme Court of Georgia

Decided October 24, 1995No. S95G0443PublishedCited by 138 opinions

1Per curiam

We granted certiorari in this case to consider (1) whether, when a claim for personal injuries arising from alleged medical malpractice is dismissed for failure to comply with the affidavit requirement of OCGA § 9-11-9.1, and the injured party subsequently dies, res judi-cata bars the refiling of the personal injury claim by the decedent’s administrator, and (2) whether, in the same circumstances, collateral estoppel bars the filing of a new claim for wrongful death. The Court of Appeals answered both questions affirmatively. We now hold that while the Court of Appeals correctly resolved the…

2Cases cited19 opinions

  1. Sumner v. SumnerSupreme Court of Georgia · 1938
  2. Firestone Tire & Rubber Co. v. PinyanCourt of Appeals of Georgia · 1980
  3. Smith v. WoodCourt of Appeals of Georgia · 1967
  4. Norris v. Atlanta & West Point RailroadSupreme Court of Georgia · 1985
  5. Boozer v. HigdonSupreme Court of Georgia · 1984

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3Cited by138 opinions

  1. Sandra L. PLEMING, Plaintiff-Appellant, v. UNIVERSAL-RUNDLE CORPORATION, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1998
  2. Community State Bank v. StrongCourt of Appeals for the Eleventh Circuit · 2011
  3. Alliant Tax Credit 31, Inc. v. M. Vincent Murphy, IIICourt of Appeals for the Eleventh Circuit · 2019
  4. Starship Enterprises of Atlanta, Inc. v. Coweta County, GeorgiaCourt of Appeals for the Eleventh Circuit · 2013
  5. Labovitz v. HopkinsonSupreme Court of Georgia · 1999

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