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Harpe v. Hall

The 2-year statute of limitation for personal injury did not bar the third-party defendant's compulsory counterclaim, which she timely filed with her response to the third-party complaint.

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After we granted her application for interlocutory appeal, Marjorie Harpe appeals from the trial court’s dismissal of her personal injury claim against Richard Hall, Jr. Because we find the trial court erred when it found Harpe’s claim was barred by the applicable statute of limitation, we reverse. “A motion to dismiss barred claims is properly granted when a complaint shows on its face that the statute of limitation has run and there is no further showing by amendment or by affidavit that a tolling of the statute is possible.” Citations and punctuation omitted. Gullatt v. Omega Psi Phi Fraternity , 248 Ga. App. 779 1 546 SE2d 927 2001. When a question of law is at issue, such as whether the statute of limitation bars an action, “we owe no deference to the trial court’s ruling and apply the plain legal error standard of review.” Citation and punctuation omitted. Epps v. Hin , 255 Ga. App. 370, 371 565 SE2d 577 2002.

The undisputed facts of record show that the claim at issue arose on August 7, 2000, when Hall’s tractor-trailer collided with Harpe’s car. Harpe’s passenger, Diane Washington, sued Hall on July 1, 2002, for personal injuries sustained in the collision. Hall answered Washington’s complaint on August 2, 2002, and contemporaneously filed a third-party complaint against Harpe, contending Harpe was at fault in the collision. Harpe was not served with the third-party complaint until September 16, 2002. On October 11, 2002, which was within 30 days of service,1 Harpe responded to Hall’s third-party complaint and filed her own negligence counterclaim against Hall for injuries from the collision. Hall answered Harpe’s counterclaim, and later amended his answer to include a statute of limitation defense.

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