DeMOTT v. OLD TOWN TROLLEY TOURS OF SAVANNAH, INC.

Because a contract of carriage existed between DeMott and Old Town Trolley, and a question of fact remains as to whether the common carrier’s extraordinary duty of care applied when DeMott fell on her way to board the trolley, the trial court erred in concluding that the applicable statute of limitation had expired. Thus, I respectfully dissent from the majority opinion.

DeMott filed this action against Old Town Trolley more than two years but less than four years after she fell. The trial court found that DeMott’s claim was actually one for personal injury that was barred by the two-year…