Pryce v. Rhodes, 316 Ga. App. 523

Pryce sued Dr. Rhodes for medical malpractice in Cobb County.
Rhodes moved for judgment on the pleadings after the trial court held the claim barred by OCGA § 9-3-71(a)’s two-year limit.
Pryce appeals arguing the limitation period was tolled due to Rhodes’s alleged concealment of the injury cause.
The alleged injury involved a needle breaking off in Pryce’s cheek during a January 2007 procedure.
Pryce filed suit in March 2010, dismissed it, then renewed the complaint in December 2010, after the ordinary two-year period had run.
Pryce claimed fraud tolling under OCGA § 9-3-96, asserting the defendant deterred timely action by statements denying fault.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether fraud tolling applies to delay filing	Pryce asserts Rhodes’s fraud deterred filing.	Rhodes argues no tolling because Pryce sought other medical opinions and the injury was obvious.	Fraud tolling does not apply; period not tolled.
Whether the claim was timely under OCGA § 9-3-71(a)	Injury discovered at once; tolling due to fraud.	Plaintiff filed after limitations expired; no tolling.	Original claim filed after expiration; timely filing not shown.

Sherman v. Fulton County Bd. of Assessors, 288 Ga. 88 (Ga. 2010) (judgment on pleadings standard; no deference on appellate review)
Jenkins v. Wachovia Bank, 314 Ga. App. 257 (Ga. App. 2012) (no deference to trial court on judgment on pleadings)
Ford v. Whipple, 225 Ga. App. 276 (Ga. App. 1997) (pleadings viewed favorably to nonmoving party)
Braden v. Bell, 222 Ga. App. 144 (Ga. App. 1996) (timeliness based on when period had run; no tolling shown)
Bryant v. Crider, 209 Ga. App. 623 (Ga. App. 1993) (seeking diagnosis ends deterrence by others’ conduct)
Witherspoon v. Aranas, 254 Ga. App. 609 (Ga. App. 2002) (continued medical opinions do not reset tolling)
Pogue v. Goodman, 282 Ga. App. 385 (Ga. App. 2006) (fraud requires knowing failure to reveal negligence)