SHESSEL v. GAY

52450.

139 Ga. App. 429 (1976)

228 S.E.2d 361

SHESSEL et al. v. GAY.

Court of Appeals of Georgia.

Decided July 15, 1976.

Rehearing Denied July 28, 1976.


Attorney(s) appearing for the Case

T. M. Smith, Jr., Hunter S. Allen, Jr., for appellants.

McCurdy & Candler, George H. Carley, for appellee.


BELL, Chief Judge.

This medical malpractice action arose out of a sterilization procedure. The complaint was in two counts, one in tort and one in contract. Defendants' motion for summary judgment as to Count 1 was granted because of the bar of the two year statute of limitation applicable to a suit for personal injury; but the trial court denied the motion as to the contract count. The denial was certified for immediate review and this court granted defendants' application...

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