Waits v. Gil

Andrews, Chief Judge.

Janis Waits appeals from the trial court’s order granting Kimberly Gil’s motion for summary judgment. The sole issue on appeal is whether the trial court erred in finding Waits’ claim was barred by the statute of limitation because Waits was guilty of laches and failure to exercise due diligence in perfecting service on Gil.

This case arose when Waits and Gil were involved in an automobile accident on August 4, 1993. On August 2, 1995, two days before the statute of limitation was due to expire, Waits filed a Complaint for damages in Clayton County. Although the Complaint…