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Gowdy v. Schley

Non-Georgia resident plaintiff properly served non-Georgia resident defendant pursuant to OCGA § 9-10-33 in Muscogee County, Georgia, because the defendant voluntarily entered and was passing through Georgia at the time of service.

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This appeal arises out of a lawsuit filed by Deshanda Schley against Travis Gowdy seeking damages for injuries allegedly caused by a motor vehicle collision in Russell County, Alabama. Gowdy contends that the trial court erred by denying his motion to transfer/dismiss the case based on improper venue or in the alternative denying his motion for forum non-conveniens. For the reasons that follow, we affirm.

According to Schley’s complaint, on October 16, 2008, Gowdy forced Schley to run off the road in Phenix City, Alabama, causing her serious injury. Based on a stipulation of the parties, the trial court found that both Gowdy and Schley are residents of Russell County, Alabama.1 Schley filed a complaint against Gowdy in Muscogee County Superior Court. After failing to obtain service of Gowdy at his parents’ house in Muscogee County, Georgia, a Muscogee County Sheriff’s Deputy telephoned Gowdy and requested that he come to Muscogee County to accept service of legal papers. Gowdy agreed and was personally served by the deputy in Muscogee County.

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