Day v. Burnett

Beasley, Judge.

Plaintiff Day appeals the grant of defendant Burnett’s motion to dismiss the complaint based upon the statute of limitations.

Day’s action was filed on May 9, 1986, seeking to recover for personal injuries sustained in an automobile collision on December 5, 1984. Personal service was not obtained at that time and was not perfected until December 29, 1986. This was not within the statutory time. OCGA § 9-3-33. Day’s attorney offered as an excuse for the tardy follow-up on service that he was injured in an automobile collision and was absent from work almost the entire month of…