Lumbermen's Mutual Casualty Co. v. Pattillo Construction Co. , 254 Ga. 461 ( 1985 )

Weltner, Justice,

dissenting.

I respectfully dissent, and would confine the discovery rule of King v. Seitzingers, Inc., 160 Ga. App. 318 (287 SE2d 252) (1981) to cases of bodily injury which develop only over an extended period of time.

To extend the discovery rule to all statutory limitations which contain the terminology “after the right of action has accrued” will, I suggest, generate substantial uncertainty, and countenance litigation for an indeterminate number of years after an alleged breach of duty.

In this case, there exists a statute of repose. OCGA § 9-3-51 (a). Such statutes are rare, however, and, in the event the “discovery rule” is ingrafted upon every statute of limitation which contains the language “after the right of action has accrued,” it will create a prolongation of litigation which will destroy that finality which is the very aim of limitations.

I am authorized to state that Presiding Justice Marshall and Justice Clarke join in this dissent.