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Ross v. Waters

In a medical malpractice action against a dissolved corporation, venue was proper in the county wherein the dissolved corporation had its last registered office.

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Aprile B. Waters filed a medical malpractice suit against Dr. William A. J. Ross and Ross Orthopaedic Wellness Center, P. C., collectively the Defendants in DeKalb County State Court. Thereafter, the Defendants filed a motion to dismiss for improper venue and a motion to dismiss because they allege the statute of repose was not tolled under the Servicemembers Civil Relief Act SCRA. The trial court denied both motions. We granted the Defendants’ application for interlocutory review and this appeal ensued. After a thorough review, we reverse because venue was improper in DeKalb County.

The record shows that on July 26, 2007, Waters received a left total hip arthroplasty by Dr. Ross at Ross Orthopaedic Wellness Center Ross Orthopaedic located in Dekalb County and having its registered office in Fulton County. After the surgery, Waters experienced severe pain in her left hip until October 2008, when she had another doctor perform a second surgery on her hip. Waters’s expert, an orthopaedic surgeon, opined that the left total hip arthroplasty performed by Dr. Ross was not medically necessary and deviated from the required standard of care of orthopedic surgeons.

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