Walker v. Brannan

In Walker v. Brannan, 243 Ga. App. 235 (S.E.2d) (2000) the plaintiff filed a personal injury action about two weeks beyond the limitation period. In her deposition, the plaintiff alleged physical injuries and made no mention of any mental incapacity. Then, after the defendant moved for summary judgment based on the running of the statute of limitation, the plaintiff filed an affidavit claiming she was mentally incapacitated for 20 days after the accident. In a whole court decision, the Court held that the plaintiff could not extend the statute of limitation by simply filing a belated and conclusory self-serving affidavit which contradicted the plain import of her deposition testimony.