Lipscomb v. Davis

MCFADDEN, Judge.

Ericka Lipscomb sued Kenneth Davis for personal injuries sustained in an automobile accident on August 15, 2012. The suit was filed on August 12, 2014, three days before the two-year statute of limitation expired. See OCGA § 9-3-33. Davis filed a special appearance answer on December 8,2014, in which he asserted lack of service of process as a defense. He also filed a motion to dismiss or, in the alternative, motion for summary judgment on that ground. The court granted Davis’s motion, stating that “[Lipscomb] has not demonstrated the greatest possible diligence in attempting…