Jackson v. Doe

Pope, Presiding Judge.

Vassie Jackson filed suit for personal injuries one day before the running of the statute of limitation. The court dismissed her suit for failure to serve the defendant within the statute of limitation. Relying on OCGA § 9-11-4 (c), the court found that Jackson failed to diligently serve the defendant within five days of filing the complaint and that therefore service did not relate back to the time of the complaint. But the five-day time limit in OCGA § 9-11-4 applies to the process server, not the plaintiff, and therefore the court applied the wrong standard.

Jackson…