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Hatton v. Metropolitan Atlanta Rapid Transit Auth.

A plaintiff can only invoke the right to re-file a suit within six months of dismissal once.

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Acting on her own behalf, Shirley Hatton sued Metropolitan Atlanta Rapid Transit Authority MARTA in 2007, alleging she was injured while boarding a MARTA train in 2001. This was the third action Hatton had filed against MARTA based on the incident. MARTA moved to dismiss this action contending, among other things, that it was barred by the statute of limitation.1 Hatton countered that she was entitled to file a renewal action following her voluntary dismissal of the first action which had been filed within the two-year limitation period, and that the third action was filed after the court improperly dismissed her second action. The trial court granted MARTA’s motion to dismiss the third action, and Hatton appeals. Finding no error, we affirm. Hatton filed her initial complaint against MARTA on January 8, 2003, alleging that she had been injured on January 23, 2001. Hatton voluntarily dismissed the first action in August 2003. Hatton filed a second complaint against MARTA in February 2004, asserting the same claims. In November 2005, the court entered an order granting MARTA’s motion to dismiss the second action based on Hatton’s failure to appear for court-ordered mediation; Hatton did not file a notice of appeal from the dismissal of the second action until November 2010.

In November 2007, Hatton filed a third action against MARTA, based on the same incident. The instant appeal is from the court’s February 2010 order granting MARTA’s motion to dismiss the third action.

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