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Jensen v. Engler

Although the statute of limitation had expired when the plaintiff filed an amended complaint raising a professional negligence claim, the claim arose out of the conduct, transaction, or occurrence set forth in the original pleading, and thus related back to the date of that pleading.

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We granted this application for interlocutory appeal to consider the trial court’s denial of Dr. Kevin L. Jensen’s motion to dismiss professional negligence and battery claims brought against him by Yong Ha Engler, as surviving spouse and administrator of the estate of Mr. Eric Walter Engler. On appeal, Dr. Jensen asserts that the trial court erred by allowing Engler to amend her original complaint after the expiration of the statute of limitation to add claims for professional negligence and battery. For the reasons set forth below, we affirm the trial court’s ruling.

“On appeal, this Court reviews the denial of a motion to dismiss de novo. However, we construe the pleadings in the light most favorable to the plaintiff with any doubts resolved in her favor.” Footnote omitted. Comprehensive Pain Mgmt. v. Blakely, 312 Ga. App. 721 719 SE2d 579 2011.

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