Hunter v. Johnson

Weltner, Justice.

Johnson filed a medical malpractice action against Hunter in January 1987, alleging that because of negligent treatment in 1984, she suffered from chronic hip pain requiring repeated hospitaliza tions, including major surgery in October 1985. The trial court denied Hunter’s motion for summary judgment, in part based on a finding that the action was not barred by the statute of limitations of OCGA § 9-3-71. The court found the old (1976) statute unconstitutional as applied and that the new (1985) statute controlled. We granted an interlocutory appeal to consider this issue.

Deci…