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Guerrero v. Tellez

Plaintiffs did not comply with Nonresident Motorist Act when they tried to serve defendant by certified mail at his last known address, even though they knew he no longer resided there.

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We granted Olivares Guerrero’s application for interlocutory appeal to decide whether the trial court erred in denying his motion to dismiss a complaint filed against him. Guerrero sought dismissal on the ground that he had not been properly served and that the court lacked personal jurisdiction over him. We agree with Guerrero that he was not properly served, that the plaintiffs did not comply with the Georgia Nonresident Motorist Act, and that personal jurisdiction was lacking. We therefore reverse the trial court’s denial of Guerrero’s motion to dismiss.

The complaint sought damages incurred by Guillermo Tellez and Victor Moreno in an automobile collision in Chamblee, Georgia. In their response in opposition to Guerrero’s motion to dismiss, plaintiffs indicated they had originally filed suit in Whitfield County against Guerrero and one Virginia Dominquez, the registered owner of the vehicle. They alleged that Dominquez had negligently entrusted her vehicle to Guerrero. Dominquez was served and answered, but denied negligent entrustment. Plaintiffs’ counsel then received a letter from Dominquez’s counsel stating that Guerrero was a permissive user of Dominquez’s van and that Dominquez had no liability for negligent entrustment because she did not know Guerrero to be a reckless driver. Dominquez’s counsel further informed plaintiffs that they would not defend Guerrero unless he was first found and served. The plaintiffs subsequently dismissed the Whitfield County action.

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