Ethridge v. Price

I concur in the majority decision that summary judgment was appropriate for all three DOT employees, appellants Ethridge and Tyre and appellee Mims.

I agree with Judge Sognier’s special concurrence that the necessary statutory preconditions for relation back under OCGA § 9-11-15 (c) were not met in the case at bar. However, I believe that summary judgment should have been granted to appellants Ethridge and Tyre and appellee Mims on their statute of limitation defense. While Price’s incompetency tolled the statute of limitation (OCGA § 9-3-90), the period of limitation commenced upon the…