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.
Under O.C.G.A. § 9-3-92 an estate claim should be tolled. The code sections state:
9-3-92. Five-year tolling for unrepresented estate — In favor of estate