342 Ga. App. 693
Ga. Ct. App.2017Background
- Renato Mujkic, a minor tenant’s son, was injured on August 13, 2012 when a carport brick wall collapsed while he was cleaning, causing personal injuries.
- Renato’s mother, Amra Mujkic, initially sued Tai Lam as next friend to recover medical expenses and pain and suffering; later Renato proceeded in his own name after reaching majority.
- The trial court in Renato’s personal injury suit barred recovery of medical expenses by Renato because those expenses had been incurred by his parents; a jury awarded Renato $50,000 for pain and suffering.
- On March 15, 2016 (nearly four years after the injury), Amra and Senad Mujkic sued Lam under OCGA § 19-7-1 to recover $35,484.98 in medical expenses they paid on Renato’s behalf.
- Lam moved to dismiss; the trial court held the two-year personal-injury statute of limitations (OCGA § 9-3-33) governed and dismissed the parents’ suit as time-barred.
- The Mujkics appealed, arguing the four-year statute for personal property claims should apply because parents have a property interest in medical expenses; the Court of Appeals affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute of limitations governs parents’ suit to recover medical expenses paid for a minor’s personal injury? | Mujkic: four-year limitations for personal property claims applies because parents have a property interest in medical expenses. | Lam: two-year personal-injury limitations applies because the claim arises from injury to the person. | Two-year personal-injury statute (OCGA § 9-3-33) applies; plaintiffs’ claim is time-barred. |
Key Cases Cited
- Mitchell v. Hamilton, 228 Ga. App. 850 (1997) (parent’s attempt to recover minor’s medical expenses is governed by the two-year personal-injury statute)
- Brent v. Hin, 254 Ga. App. 77 (2002) (medical expenses arising from personal injury fall under OCGA § 9-3-33’s two-year limit)
- Krasner v. O’Dell, 89 Ga. App. 718 (1954) (recognizing parental property interest in medical expenses)
- Met. Atlanta Rapid Transit Auth. v. Tuck, 163 Ga. App. 132 (1982) (same: parental property interest in medical expense recovery)
- Epps v. Hin, 255 Ga. App. 370 (2002) (reaffirming that medical expenses are damages flowing from personal injury and subject to the two-year limit)