Wagner v. Casey

Birdsong, Judge.

In December, 1974, appellant Gloria H. Wagner filed an action in the Superior Court of DeKalb County against appellee Fite H. Casey, Jr., d/b/a Triangle Liquor Store (Casey) for injuries allegedly sustained on December 22, 1973, while she was a customer at the store. That action was dismissed without prejudice by operation of law under the “five-year rule” of former Code Ann. §§ 3-512 (OCGA § 9-2-60) and 81A-141 (e) (OCGA § 9-11-41 (e)). The action was renewed and refiled on June 2,1980, pursuant to former Code Ann. § 3-808 (OCGA § 9-2-61) against Casey in the Superior Court…