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Lorrine Thomasv.Tenet Healthsystem Gb, Inc. D/B/A Atlanta Medical Center

CourtCourt of Appeals of Georgia
Docket No.A16A2167
DecidedJanuary 18, 2017
Reporter292 Ga. App. 411
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceCivil ProcedureStatutory InterpretationReversal
Case Summary

Lorrine Thomas alleged that negligent treatment after a 2012 automobile accident left her quadriplegic. She sued the physicians involved in her emergency care and Atlanta Medical Center, alleging professional negligence and imputed liability. In a second amended complaint, she added simple-negligence counts against the hospital. The trial court dismissed one count as time-barred, reasoning that the new allegations did not relate back to the original complaint. The Court of Appeals reversed. It held that the added count arose from the same treatment and occurrence described in the original pleading and therefore related back under Georgia’s amendment rule. The court emphasized that the rule is construed liberally when the original pleading gave fair notice of the conduct at issue. The dismissal was reversed, allowing the claim to proceed. Two judges concurred.

Opinion

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