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Dean v. Hunt

Plaintiff's personal injury action against appellee was time-barred, since he failed to serve appellee before the running of the statute of limitation.

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The sole question on appeal in this case is whether the trial court abused its discretion by denying the plaintiff’s motion to add a party defendant. On July 14, 2000, Marion Dean was involved in a three-car collision. He alleged that Joseph L. Hunt was improperly traveling north in a turning lane when he struck a car driven by Duke R. Groover as Groover was pulling out of a parking lot and crossing northbound traffic to turn left, or south, onto the same road. The force of the impact caused Hunt’s car to cross the middle line into oncoming traffic where it struck plaintiff Dean’s car causing him injuries.

On December 14, 2000, Dean filed suit against only Hunt, although the complaint mentioned Groover by name and described his role in the accident. Hunt answered and asserted that Dean had failed to add an indispensable party and that Groover was in fact responsible for the collision. On February 20, 2001 and again on March 19, Hunt moved for a stay on account of his having filed a petition in bankruptcy. On July 10, 2002, four days before the running of the applicable statute of limitations but without seeking leave of court, Dean filed an amended complaint naming Groover as a defendant and alleging that he, too, was responsible for Dean’s injuries. Dean also filed an acknowledgment of service signed by Groover dated the same day. Twelve days later, Groover filed an answer in which he denied that he was a proper party to the suit because Dean failed to join him as a party by order of the court pursuant to OCGA § 9-11-21. Groover also raised the statute of limitations as a defense.

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