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MEMAR v. STYBLO

No. A08A1054.

667 S.E.2d 388 (2008)

MEMAR v. STYBLO et al.

Court of Appeals of Georgia.

September 12, 2008.

Attorney(s) appearing for the Case

Edmond & Jones, Craig T. Jones, Atlanta, for appellant.

Allen & Weathington, Hunter S. Allen Jr., Carole M. Osborne, Samuel F. Doster, Atlanta, for appellees.

ANDREWS, Judge.

Does the five-year statute of repose in OCGA § 9-3-71(b) bar a medical malpractice action filed within the repose period—but not brought by the real party in interest—when the real party in interest is substituted as the proper party plaintiff after expiration of the repose period? On the present facts, we find that it does not.

Ali Memar was the plaintiff named in the caption of a complaint filed on June 6, 2002, which set...

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