A. H. ROBINS CO. v. SULLIVAN

51148.

136 Ga. App. 533 (1975)

221 S.E.2d 697

A. H. ROBINS COMPANY v. SULLIVAN et al.

Court of Appeals of Georgia.

Decided November 13, 1975.


Attorney(s) appearing for the Case

Jones, Bird & Howell, D. N. Kirkpatrick, II, Earle B. May, Jr., Hunter, Houlihan, Maclean, Exley, Dunn & Connerat, Malcolm R. Maclean, for appellant.

Bouhan, Williams & Levy, Frank W. Seiler, Johnson & Morse, Charles F. Johnson, T. Jack Morse, for appellees.


MARSHALL, Judge.

This appeal involves the relationship between the prior pending action defense of Code § 3-601 and the relation back of amendments provision of CPA § 15 (c) (Code Ann. § 81A-115 (c)).

Though the history of litigation between the parties is more complicated, the basic facts necessary to our decision are extricable. Mrs. Sullivan was allegedly injured by the improper placement of a contraceptive device. She initially brought suit...

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