Hamon v. O'Nell: Georgia Court Affirms Denial of Malpractice Tolling

In Hamon v. Connell, the Georgia Supreme Court reversed the Court of Appeals and held that an adult child may, under limited circumstances, bring a wrongful death claim when a surviving spouse refuses to do so. The case clarified the scope of OCGA § 51-4-2(a) and the application of equitable principles in wrongful death actions.

Procedural History and Legal Issue

Diane Dickens Hamon brought a wrongful death and medical malpractice action against William Clark Connell, M.D., and South Georgia Emergency Medicine Associates, P.C., following the death of her father, James Isaac Dickens, Jr. The defendants moved for judgment on the pleadings, arguing that Hamon lacked standing because her father was survived by his estranged spouse, Lisa Dickens. The trial court denied the motion, but the Court of Appeals reversed, reasoning that only a surviving spouse has standing under the statute unless equity applies to minor children.

The Supreme Court granted review to address whether equity can allow an adult child to pursue a wrongful death claim when the surviving spouse refuses to act.

Background Allegations

Hamon alleged that Lisa Dickens refused to pursue a wrongful death claim. Hamon then filed suit as both the surviving child and in a representative capacity. She intended to add Lisa Dickens as an indispensable party. The trial court found that Hamon fell within an equitable exception to the spousal standing rule because she had no other remedy. This approach followed precedent recognizing the equitable authority of trial courts to preserve wrongful death rights.

Court of Appeals Reversed Based on Age Distinction

The Court of Appeals found that the equitable exception recognized in earlier cases applied only to minor children. It relied on Connell v. Hamon, Northeast Ga. Med. Center, Inc. v. Metcalf, and similar cases to hold that an adult child may not bring a claim while a surviving spouse is alive, regardless of whether the spouse is estranged or unwilling to file suit.

Georgia Supreme Court Rejects Minor-Only Limitation

The Georgia Supreme Court disagreed with the Court of Appeals' distinction based on the age of the child. It explained that prior decisions applying equity did not rely on minority status. The statutory language allows children "either minor or sui juris" to recover, and earlier decisions, including Peeler v. Central of Ga. R. Co., recognized the rights of adult children to recover under the statute.

The Court emphasized that equity may be used to preserve legal rights when no remedy exists. Since Lisa Dickens allegedly refused to act, Hamon faced the risk of losing the claim entirely. That scenario triggered the court's equitable powers. The Court noted that the principles in Brown v. Liberty Oil and other cases supported applying equity even when the child is an adult.

Judgment Reversed

The Court concluded that the pleadings did not establish with certainty that Hamon was barred from pursuing her claim. It reversed the Court of Appeals and reinstated the trial court's denial of the motion for judgment on the pleadings.

Wrongful Death Rights Evaluation

If you have questions about your standing to bring a wrongful death claim when other parties are unwilling or unavailable to file, our team at Whitcomb, Selinsky, PC can assist with reviewing eligibility and pursuing claims that preserve your legal rights.