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MILLER v. VITNER

No. A01A0663.

546 S.E.2d 917 (2001)

249 Ga. App. 17

MILLER v. VITNER.

Court of Appeals of Georgia.

Reconsideration Denied April 3, 2001.

Attorney(s) appearing for the Case

Donald W. Johnson, for appellant.

Hall, Booth, Smith & Slover, Rush S. Smith, Jr., Atlanta, James E. Looper, Jr., Dalton, for appellee.

ELDRIDGE, Judge.

The medical malpractice statute of repose, OCGA § 9-3-71(b), attaches when an action filed within the statute of limitations is voluntarily dismissed and refiled more than five years after the alleged injury. See Wright v. Robinson, 262 Ga. 844, 846(1), 426 S.E.2d 870 (1993); see also Sievers v. Espy, 264 Ga. 118, 119, 442 S.E.2d...

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