The first few decisions a Georgia personal injury plaintiff makes can be critical to the ultimate success of their case. In a recent Georgia premises liability case before the Court of Appeals of Georgia, the court dismissed the plaintiff’s case as untimely because the plaintiff originally named the wrong party as a defendant. By the time the plaintiff voluntarily dismissed her initial complaint and refiled a complaint naming the correct defendant, the statute of limitations had expired.
The Facts of the Case
According to the court’s written opinion, the plaintiff was injured at a water park. Just a few days before the statute of limitations expired the plaintiff filed a premises liability lawsuit naming “Georgia Department of Natural Resources d/b/a Summer Waves Water Park” as a defendant. Later, the plaintiff voluntarily withdrew that case and refiled a case naming “Jekyll Island State Park Authority, a/k/a Jekyll Island Authority, d/b/a Summer Waves Water Park” as the defendant. The two claims were based on the same injuries. The plaintiff claimed that the subsequent case was a renewal action and that it related back to the date of her original complaint.
The defendant argued that the plaintiff’s case was filed after the statute of limitations, and should be dismissed. The defendant argued that the plaintiff’s second case was not a renewal action because it named a different defendant. The trial court agreed with the defendant, and the plaintiff appealed.