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GUNBY v. SIMON

No. S03G0909.

594 S.E.2d 342 (2004)

277 Ga. 698

GUNBY v. SIMON et al.

Supreme Court of Georgia.

March 22, 2004.

Attorney(s) appearing for the Case

Curtis A. Thurston, Jr., Atlanta, for appellant.

Hall, Booth, Smith & Slover, P.C., Karl M. Braun, Justin Michael Kerenyi, Atlanta, for appellees.

HINES, Justice.

We granted certiorari in Simon v. Gunby, 260 Ga.App. 3, 578 S.E.2d 482 (2003), to consider whether the Court of Appeals was correct when it determined that any malpractice action based on the second and third of three surgeries Dr. Simon performed on Ms. Gunby was barred by res judicata because of the dismissal with prejudice of a suit based upon the first of her surgeries...

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