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Mays v. Target Corp.

The tolling provision of O.C.G.A. § 9-3-99 tolls the statute of limitation period only for a tort cause of action against the person accused of the crime in the prior complaint.

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Brittany Mays appeals from the trial court’s order dismissing her claims against Target Corporation “Target” based upon the expiration of the two-year statute of limitation applicable to personal injury claims, OCGA § 9-3-33. In related enumerations of error, Mays contends the trial court erred by failing to toll the statute of limitation pursuant to OCGA § 9-3-99. We disagree and therefore affirm.

In her complaint against Target and its employee, Lonie Wacaster, Mays alleged that on December 15, 2008, Wacaster captured her image with a cellular phone while she was changing in the unisex dressing room provided by Target.1 She asserted that Wacaster was indicted for invasion of privacy on March 8, 2010, and that he pled guilty to this offense on September 14, 2010. Mays filed her complaint on July 11, 2011, and asserted that pursuant to OCGA § 9-3-99, the statute of limitation for her claims was tolled from the date of the crime through the final disposition of the criminal charges against Wacaster.

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