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Pryce v. Rhodes

The applicable statute of limitation barred the plaintiff's medical malpractice action, arising after a needle became heretofore permanently lodged in the plaintiff's cheek, requiring him to undergo continued CT scans to ensure that the needle does not move any closer to his major blood vessels.

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Shah-Haan Pryce filed a medical malpractice complaint in Cobb County against Dr. Tampa Rhodes and her professional corporation, Providence Family Dentistry collectively “Dr. Rhodes”. Dr. Rhodes moved for judgment on the pleadings, and the trial court granted her motion after finding that Pryce failed to file his complaint within the two-year period of limitation for medical malpractice claims pursuant to OGCA § 9-3-71 a. Pryce appeals, claiming that the court below should have found that the period of limitation was tolled because Dr. Rhodes concealed the cause of his injury. We find no error and affirm.

A motion for judgment on the pleadings should be granted only if the moving party is clearly entitled to judgment as a matter of law. Sherman v. Fulton County Bd. of Assessors, 288 Ga. 88, 90 701 SE2d 472 2010. When we review the grant of a motion for judgment on the pleadings, we owe no deference to the decision of the court below. Jenkins v. Wachovia Bank, 314 Ga. App. 257 724 SE2d 1 2012. And, like the court below, we must accept the truth of the factual allegations contained in the pleadings of the nonmoving party, and we view the pleadings in the light most favorable to the nonmoving party. See Ford v. Whipple, 225 Ga. App. 276, 277 483 SE2d 591 1997.

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