Appeals Court: Parents of Children Shot and Killed Are Not Considered 'Victims' in Wrongful Death Suit
"Put succinctly, the crime at issue here is murder, and the parents have not been murdered," Presiding Judge Sara L. Doyle wrote in the court's opinion, filed June 17. "Under this natural construction, the parents are not victims of the crime of murder."
June 23, 2022 at 09:35 AM
4 minute read
The Georgia Court of Appeals has ruled that the parents of three children who were shot and killed in 2016 are not considered "victims" for the purposes of tolling the statute of limitations.
The plaintiffs argued that the trial court erred in ruling that the two-year statute of limitations was not tolled by OCGA § 9-3-99, which pauses the statute of limitations for tort claims while a criminal prosecution is pending.
Plaintiffs brought suits against multiple metro Atlanta health organizations, including Insight Psychiatric Services, Crescent Pines Hospital and Anchor Hospital.
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