SOL

Question 1

Accrual

Answer 1

Generally, SOL begins to run at the time when the plaintiff could sue and recover even if the plaintiff does not know about the cause of action.

Question 2

“Discovery” Rule

Answer 2

Ga. Supreme Court has a discovery rule for cases of bodily injury developing over an extended period of time. In such cases, the limitations period does not begin to accrue until P knew or should have known about the defect.

Question 3

Periods:
Personal Injury
Damage to reputation
Damage to personal property
Damage to Realty (includes trespass)
Medical Malpractice
K (written)
K UCC
K Oral 
Deficiencies in Improvements of real property

Answer 3

PI - 2 years
Reputation 1 year
Property 4 years
Real Property 4 years
Med Mal. 2 years from injury but never more than 5 years from bad act (statute of repose)
Written K - 6 years
UCC - 4 years
Oral K - 4 years
Improvements to Real Property - 8 years from time of substantial completion (statute of repose). Still have 2 to 4 year SOL for tort or K. Also, limitations will extend for 2 years if injury does not occur until 7 or 8 year but 10 year maximum.

Question 4

Tolling SOL

Answer 4

Tolled from time of filing of the complaint until served in a timely manner.

Minor (under 18) - SOL tolled until 18 except med mal cases which SOL begins to run at 5 years. If med mal occurred against someone under 5 years old then it is tolled until they reach 5.