BALOTIN v. Simpson

Ruffin, Judge.

Kenneth and Julie Simpson (collectively, “the Simpsons”) filed a medical malpractice claim against several medical providers, including Dr. Robert Balotin and Radiology Associates of Houston County. The defendants moved to dismiss the complaint, arguing it was brought beyond the five-year statute of repose. The trial court denied the motion, and we granted the defendants’ application for interlocutory appeal. For reasons that follow, we reverse.

Summary judgment is appropriate when the record establishes that there is no genuine issue of material fact and the movant is entitled…