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Stephens v. McDonald's Corp.

Service of process on a franchisee's employee does not constitute service on the franchisor.

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Ruby Stephens appeals the trial court’s dismissal of her personal injury claims against McDonald’s Corporation. The primary issue is whether service of the complaint on an employee of a McDonald’s franchisee gave McDonald’s notice of the suit so that an amended pleading adding McDonald’s as a party defendant related back to the date of the original complaint. Stephens’s claims against McDonald’s are subject to the two-year statute of limitation applicable to personal injury claims.1 If the amendment does not relate back to the date of the original complaint, the claims are time barred. We find that the requirements of OCGA § 9-11-15 c have not been met and therefore affirm dismissal of the action.

Stephens fell in a McDonald’s restaurant on December 18, 1995, and filed suit to recover for her injuries. She named Paul Messer Area McDonald’s d/b/a McDonald’s Restaurants as the defendant in the initial complaint. In fact, Paul Messer, individually, was the franchisee of the McDonald’s restaurant where Stephens fell. Stephens filed her complaint on December 15, 1997, three days before the expiration of the two-year statute of limitation. On December 30, 1997, the sheriff’s office served Messer’s employee, Leigh Sears, with a copy of the summons and complaint.

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