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ROBERTS v. FAUST

No. A95A0111.

459 S.E.2d 448 (1995)

217 Ga. App. 787

ROBERTS v. FAUST et al.

Court of Appeals of Georgia.

Certiorari Denied October 20, 1995.

Attorney(s) appearing for the Case

Watson, Spence, Lowe & Chambless, Thomas S. Chambless and Dawn G. Benson, Albany, for appellant.

Brimberry, Kaplan & Brimberry, Jerry W. Brimberry and Jerry W. Brimberry, Jr., Albany, for appellees.

POPE, Presiding Judge.

On January 29, 1992, plaintiffs Linda and Larry Faust sued defendant Dr. Michael Roberts for medical malpractice and loss of consortium. Plaintiffs did not file an expert's affidavit contemporaneously with their complaint as required by OCGA § 9-11-9.1(a). But they did invoke OCGA § 9-11-9.1(b) by alleging that the statute of limitation for their claims would expire within ten days, and that due to this time constraint an expert's...

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