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WADE v. WHALEN

No. A98A0068.

504 S.E.2d 456 (1998)

232 Ga. App. 765

WADE v. WHALEN.

Court of Appeals of Georgia.

Certiorari Denied October 23, 1998.

Attorney(s) appearing for the Case

Waycaster, Morris, Johnson & Dean, R. Leslie Waycaster, Jr., Dalton, Davis, Gregory, Christy & Forehand, Hardy Gregory, Jr., David A. Forehand, Jr., Cordele, for appellant.

Sistrunk & Associates, Atlanta, Carla R. Johnson, Philadelphia, PA, Alston & Bird, Theodore E.G. Pound, Whitehurst & Riexinger, Elaine W. Whitehurst, Stephen P. Riexinger, Atlanta, for appellee.

BEASLEY, Judge.

Charles Wade sued Dr. Thomas Whalen for medical malpractice arising out of the doctor's participation in surgery on Wade's mother. She died on August 12, 1992, allegedly as a result of the malpractice. Wade filed suit on August 10,1994, two days before the running of the statute of limitation.1 Wade did not serve process on Dr. Whalen until eight months later on April 10, 1995. Dr. Whalen moved for summary judgment, asserting...

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