Stephens v. Espy

Pope, Chief Judge.

Plaintiff in this medical malpractice action appeals the trial court’s dismissal of her action for failure to file her complaint within the applicable two-year limitation period. See OCGA § 9-3-71 (a).

Defendant was allegedly negligent in performing surgery on December 27, 1990. On December 21, 1992, plaintiff’s complaint was ready to be filed in the Cobb County Superior Court. Janet W. Prince, an employee of plaintiff’s counsel, called the Cobb County Superior Court Clerk, told him that she had a complaint to file and asked where it should be mailed. The clerk instructed her…