Sylvester v. Dep't of Transp.

Plaintiffs' renewal suit against the Department of Transportation failed because they did not serve the Department of Administrative Services, Risk Management Division with their original suit prior to expiration of the statute of limitation.

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Lynn M. Sylvester and Steven K. Sylvester appeal from the grant of summary judgment against them in their Georgia Tort Claims action, which arose February 28, 1997, against the Department of Transportation, because they never served the Department of Administrative Services, Risk Management Division, in their original suit filed February 26, 1999; voluntarily dismissed the suit prior to service on DOA; and attempted to renew the action after the statute of limitations had run. The renewal suit was ineffective to come within the six month grace period, because the first suit was never served on the Department of Administrative Services, Risk Management Division, for there to be a conditional waiver of sovereign immunity so that the first suit was a valid prior pending action prior to the running of the statute of limitations that was renewable. We affirm.

On February 28, 1997, Lynn M. Sylvester hydroplaned on standing water on a state highway, which was allegedly caused by the DOT’s negligent maintenance. On February 26, 1999, she and her husband Steven K. Sylvester filed suit against the DOT in the Lumpkin Superior Court in case number 99-OCGA §-110-DB. This suit was never served upon the Department of Administrative Services, Risk Management Division, but was served on DOT only. On January 10, 2000, plaintiffs voluntarily dismissed this action without prejudice. On June 9, 2000, the plaintiffs filed this action number 00-CV-297-DB in the Lumpkin Superior Court as a renewal action, which was served on both DOT and the Department of Administrative Services, Risk Managment Division, for the first time after the statute of limitations had run. DOT moved for summary judgment based on the attachment of the statute of limitations.

Sylvester v. Dep't of Transp.

Plaintiffs' renewal suit against the Department of Transportation failed because they did not serve the Department of Administrative Services, Risk Management Division with their original suit prior to expiration of the statute of limitation.

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