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Ward v. Dodson

Because the statute of limitations had expired, plaintiff could not add parties or theories of recovery when he filed his renewal suit.

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It is undisputed that Warren Ward originally filed suit against Clarence Dodson, Jr., in the State Court of Houston County on June 9, 2000, alleging personal injuries from an automobile accident that occurred during a police chase on January 3, 1999. Dodson is a sheriff’s deputy; however, the complaint did not name him in his official capacity. Ward later filed a motion to join the Houston County Board of Commissioners the “County Commissioners” and Sheriff Cullen Talton as party defendants. After the court requested that defense counsel submit an order denying the motion to join the parties, Ward voluntarily dismissed the case on March 12, 2001.1 On March 14, 2001, the trial court entered an order denying the motion to join Sheriff Talton and the County Commissioners.

Ward filed the present action in Houston County Superior Court the next day, March 15, over two months after the expiration of the two-year statute of limitation. OCGA § 9-3-33. The new suit named Dodson in both his official and individual capacities and included the County Commissioners and Sheriff Talton as defendants. The County Commissioners and the sheriff moved to dismiss the claims against them on the ground that Ward improperly added new parties to the suit after the expiration of the statute of limitation. Before the court could rule on the motion, Ward dismissed his claims against the County Commissioners and Sheriff Talton.

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