OCGA 9-11-3 (A) Interpretation
In Wesley Chapel Foot and Ankle Center v. Johnson, 286 Ga. App. 881 (650 SE2d 387) (2007), the Court held that the addition of a wrongful death claim to existing litigation was not a violation of the statute of repose. Id. at 884.
The Johnson court noted that under OCGA 9-11-3 (a), a civil "action" is "brought" when a plaintiff files a complaint against a defendant, thus initiating legal proceedings. Id. at 883.
Since the plaintiff in Johnson did not "initiate legal proceedings" by adding a wrongful death claim to existing litigation, her wrongful death claim was not barred by the statute of repose. Id. at 884.