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Shy v. Faniel

The trial court erroneously treated the plaintiff's second injury complaint as renewal action, since the second complaint, which the plaintiff filed within days of the first complaint and within the statute of limitation, was a duplicate action, not a renewal.

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After voluntarily dismissing her first two complaints against Teneisha A. Faniel and Tara P. Smith for injuries allegedly sustained in a vehicle accident, Jenita Shy filed a third complaint. Concluding that the suit was statutorily unauthorized, the trial court dismissed the complaint. Because dismissal was improper, we reverse. On December 27, 1999, appellee Faniel was the driver of a vehicle involved in an accident. Appellee Smith had rented the vehicle and allegedly authorized Faniel to drive it. Appellant Shy was a passenger in the vehicle and claimed that she sustained injuries as the result of the accident.

Because the statute of limitations for personal injury actions is two years, OCGA § 9-3-33, the limitations period for a negligence action arising out of the motor vehicle accident expired on December 27, 2001. On December 17, 2001, appellant filed a complaint against appellees seeking recovery for the injuries she allegedly sustained in the motor vehicle accident the “First Complaint”. For reasons unclear from the record, on December 21, 2001, appellant filed a second complaint against appellees raising the same allegations the “Second Complaint”.1

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