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RECTOR v. O'DAY

No. A04A1217.

603 S.E.2d 337 (2004)

268 Ga. App. 864

RECTOR v. O'DAY et al.

Court of Appeals of Georgia.

Certiorari Denied November 22, 2004.

Attorney(s) appearing for the Case

Ivan Gustafson, Jeffrey Odom, Evert & Weathersby, LLC, Christopher Conley, Atlanta, for Appellant.

Jerry Landers, Browning & Tanksley, Marietta, Henry Green, Green, Johnson & Landers LLP, Johnathan Krawcheck, Long, Weinberg, Ansley & Wheeler, Rachel Fuerst, Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, Kristin Pell, Atlanta, for Appellee.

BARNES, Judge.

Eric Rector filed a renewal complaint against David O'Day, M.D. and the Laser Vision Institute, LLC, for medical malpractice related to LASIK eye surgery. The trial court granted summary judgment to the defendants, holding that because Rector's first suit was procedurally defective under OCGA § 9-11-9.1 when he dismissed it, it could not serve as the basis for his second complaint, which was filed after the statute of limitation ran. Rector appeals...

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