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Soley v. Dodson

The plaintiff could not file a renewal suit against the defendant in his official capacity following expiration of the statute of limitation because she only named the defendant in his individual capacity in her original suit.

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On January 3, 1999, Clarence Dodson, a Houston County sheriff’s deputy, responded to a radio call for assistance from a Georgia State Patrol officer who was pursuing a fleeing motorist. Dodson activated his patrol car’s blue lights and drove towards the chase. In doing so, Dodson collided with the back of a vehicle in which Michelle Soley was a passenger. Soley was injured and, on June 9, 2000, filed a negligence claim against Dodson in the State Court of Houston County. Soley dismissed the case without prejudice on March 12, 2001, and filed this action on March 15, 2001, in the Superior Court of Houston County, naming Dodson as a defendant both individually and in his capacity as deputy sheriff.

The trial court granted Dodson’s motion for summary judgment because i although Soley’s claim against him in his individual capacity related back to the original filing under the renewal statute, Dodson was personally immune from suit because his response to an emergency call was a discretionary action for purposes of official immunity,1 and ii the claim against Dodson in his capacity as deputy sheriff was barred by the statute of limitations. Soley appeals. We agree with the reasoning of the trial court and affirm.

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