Summary
In Siler v. Block, 263 Ga. 257 (429 S.E.2d 523) (1993), the statute of repose barred the refiling of a medical malpractice claim which would otherwise have been allowed within the renewal provision of OCGA § 9-2-61.
Summary of this case from Krasaeath v. ParkerOpinion
S92G1275.
DECIDED MAY 3, 1993. RECONSIDERATIONS DENIED JUNE 18, 1993.
Certiorari to the Court of Appeals of Georgia — 204 Ga. App. 672.
William Q. Bird, for appellants.
Long, Weinberg, Ansley Wheeler, Robert G. Tanner, Mark E. Robinson, for appellees.
Stephens Shuler, Charles W. Stephens, Franklin, Taulbee, Rushing Bunce, Elizabeth F. Bunce, William S. Stone, amici curiae.
We granted certiorari to the Court of Appeals to determine whether OCGA § 9-3-73 (c), the medical malpractice statute of repose, bars the re-filing of this action pursuant to OCGA § 9-2-61 within six months following a voluntary dismissal. This court recently answered that question adversely to appellant in Wright v. Robinson, 262 Ga. 844 ( 426 S.E.2d 870) (1993). As the decision in Wright controls herein, we affirm the judgment of the Court of Appeals, which affirmed the trial court's grant of summary judgment to appellees/defendants.
Judgment affirmed. All the Justices concur.