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Brown v. Coast Dental of Georgia10/7/2005
ll inferences and conclusions there from in favor." (Citation omitted.) Hess, 245 Ga. App. at 266 (1)
Contrary to appellees' assertions, the earliest undisputed evidence showing that Brown had manifested symptoms of her injury caused by the misdiagnosis and subsequent bridgework is the notation on Brown's dental records for January 25, 2001. On that date, the dental records reflect that Brown complained to Dr. Choi that she was "experiencing hot and cold sensitivity due to recent bridgework" and "was dissatisfied with the appearance of the new bridgework." In his deposition testimony, Dr. Choi did not recall Brown having complained of any problems with the bridgework or discomfort prior to that date. And, although appellees deposed Brown on July 22, 2003, they never took steps to have the deposition transcript made part of the summary judgment record so that the trial court could consider it. Thus, the current state of the record is such that there is no undisputed evidence showing that Brown manifested any symptoms of her injury caused by the extensive bridgework prior to January 25, 2001. At this stage of the proceedings, we cannot infer that Brown must have been experiencing symptoms prior to the date she actually complained to Dr. Choi, because to do so would require us to impermissibly view the evidence in the light most favorable to the movants. Hess, 245 Ga. App. at 266 (2).
Given the "scant evidence" in the record concerning when symptoms of Brown's injury were first manifested to her, the grant of summary judgment in favor of the appellees was inappropriate. Sidlow, 271 Ga. App. at 117 (2). See also Walker, 227 Ga. App. at 151 (1) (b). Since Brown filed suit less than two years from January 25, 2001, the earliest date upon which there is undisputed evidence that Brown was experiencing symptoms, her medical malpractice case was not time barred under OCGA § 9-3-71 (a).
2. Brown also contends that the trial court erred in granting summary judgment to appellees because the limitations period was tolled pursuant to OCGA § 9-3-97.1. Based on our decision in Division 1, Brown's second enumeration of error is rendered moot.
Judgment reversed. Blackburn, P. J., and Miller, J., concur.
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