Georgia Wrongful Death Cases Impacted by Recent Court of Appeals Case

Posted On: May 6, 2010 by Robert J. Fleming

MARTA v. Maloof decided yesterday by the Georgia Court of Appeals holds that a wrongful death claim is not stayed by Georgia Code Section 9-3-92 (Tolling time for Unrepresented Estates). This holding affects the time in which an estate may bring a wrongful death claim. The reasoning is odd and this case is not helpful to plaintiffs who are pursuing a wrongful death claim on behalf of the estate.

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