Hart v. Eldridge

Hart v. Eldridge, 299 S.E.2d 560 (Ga. 1983)

Court: Supreme Court of Georgia · State Highest Courts
Decided: January 25, 1983
Docket: No. 39116
Judges: Weltner
Citations: 299 S.E.2d 560250 Ga. 5261983 Ga. LEXIS 553

Cited by 8 4 descriptions by later courts

Opinion — Weltner

Weltner, Justice.

1. Certiorari was granted to determine whether or not Mrs. Hart’s wrongful death claim is barred by OCGA § 9-3-71 (Code Ann. § 3-1102). This question was answered in the affirmative in Division of the opinion of the Court of Appeals in Hart v. Eldridge, 163 Ga. App. 295, 298 (2) ( 293 SE2d 550 ) (1982).

Consistent with our recent decision of Clark v. Singer, 250 Ga. 470 ( 298 SE2d 484 ) (1983), the certiorari question must be answered in the negative, in that the statute of limitations for a wrongful death action emanating from medical malpractice begins to run from the date of death, not from the date of the negligent act or omission of the practitioner.

2. We need not reach the question of whether or not the first decision of the Court of Appeals in Hart v. Eldridge, 158 Ga. App. 834 ( 282 SE2d 369 ) (1981), continues as the law of this case, despite our disapproval of its reasoning in Allrid v. Emory University, 249 Ga. 35, 38 ( 285 SE2d 521 ) (1982), because the effect of our present decision is identical to that of the first Hart decision by the Court of Appeals.

Judgment reversed.

All the Justices concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

("[S]tatute of limitations for a wrongful death action emanating from medical malpractice begins to run from the date of death, not from the date of the negligent act or omission of the practitioner.")

Miller v. Estate of Sperling, 766 A.2d 738 (N.J. 2001)

Cited by 8 cases

View all citing references →

Relies on it most ⓘ

Allrid v. Emory University303 S.E.2d 486 (Ga. Ct. App. 1983)
Navistar International Transportation Corp. v. Ogletree405 S.E.2d 884 (Ga. Ct. App. 1991)
Miller v. Estate of Sperling766 A.2d 738 (N.J. 2001)
Legum v. Crouch430 S.E.2d 360 (Ga. Ct. App. 1993)
James v. Phoenix General Hospital, Inc.744 P.2d 695 (Ariz. 1987)
Dicks v. Zurich American Insurance499 S.E.2d 169 (Ga. Ct. App. 1998)

Most recent

Sanzi v. Shetty, 00-4523 (2002)No. PC 2000-4523 (Sup. Ct. R.I. June 12, 2002)
Miller v. Estate of Sperling766 A.2d 738 (N.J. 2001)
Dicks v. Zurich American Insurance499 S.E.2d 169 (Ga. Ct. App. 1998)
Legum v. Crouch430 S.E.2d 360 (Ga. Ct. App. 1993)
Navistar International Transportation Corp. v. Ogletree405 S.E.2d 884 (Ga. Ct. App. 1991)
James v. Phoenix General Hospital, Inc.744 P.2d 695 (Ariz. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Allrid v. Emory Univ., 285 S.E.2d 521 (Ga. 1982)	76
	Clark v. Singer, 298 S.E.2d 484 (Ga. 1983)	43
	Hart v. Eldridge, 282 S.E.2d 369 (Ga. Ct. App. 1981)	5
	Hart v. Eldridge, 293 S.E.2d 550 (Ga. Ct. App. 1982)	4

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