The Supreme Court of Georgia stated in its July 2, 2024 decision “we conclude that Golden’s claims were not time-barred because the March 14 Order tolled OCGA § 9-3-71 (b), and that under these circumstances there is no impediment in the federal or Georgia Constitutions for the statute of repose to be tolled, so we reverse.”
The March 14 Order
The March 14 Order provided: “Pursuant to OCGA § 38-3-62, during the period of this Order, the undersigned hereby suspends, tolls, extends, and otherwise grants relief from any deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or
administrative matters, including, but not limited to any: (1) statute of limitation . . . and (11) such other legal proceedings as determined to be necessary by the authorized judicial official.”
Background Facts
On October 21, 2021, Jami Lynn Golden filed a renewal action against Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center (“Floyd Medical”) in Floyd County Superior Court, asserting claims of medical malpractice and hospital negligence, among other claims. Floyd Medical moved to dismiss, arguing in part that OCGA § 9-3-71 (b), a five-year medical malpractice statute of repose, expired in July 2021 and thus time-barred Golden’s suit. The trial court denied that motion, concluding that the claims were not time-barred by OCGA § 9-3-71 (b) because the repose statute was tolled by former Chief Justice Harold D. Melton’s “Order Declaring Statewide Judicial Emergency” dated March 14, 2020 (“March 14 Order”). The Court of Appeals reversed, holding that OCGA § 9-3-71 (b) was not tolled by the March 14 Order but, instead, that OCGA § 9-3-71 (b) expired before Golden filed her renewal complaint.
The Supreme Court of Georgia held: “OCGA § 38-3-62 (a) empowers “[a]n authorized judicial official” to “suspend, toll, extend, or otherwise grant relief from” the application of a statute of repose … a statute of repose falls within the meaning of “deadlines” or “filing deadlines” tolled, suspended, extended, or otherwise granted relief from by the March 14 Order … Floyd Medical’s rights would have vested only when OCGA § 9-3-71 (b) would have expired on Golden’s medical malpractice claims and did not vest when Golden’s allegedly negligent treatment occurred … only when a repose statute extinguishes a plaintiff’s rights to bring a claim, does a defendant, in turn, have the “right to be free from liability” for such a claim … Because the March 14 Order tolled OCGA § 9-3-71 (b) before the latter would have barred Golden’s claims in July 2021, the March 14 Order did not deprive Floyd Medical of vested rights in violation of due process. Thus, we conclude that Chief Justice Melton’s COVID emergency orders can be applied to toll OCGA § 9-3-71 (b) consistent with the federal and Georgia Constitutions.”
Source Golden v. Floyd Healthcare Management, Inc., S24G0008.
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