Cox v. Progressive Bayside Insurance

MlKELL, Presiding Judge.

In order to recover damages allegedly sustained in an automobile collision, Margaret Cox filed suit against Lester H. Dodson. Cox then voluntarily dismissed that suit and refiled the present renewal action after the statute of limitation had expired, but within the six-month period contemplated by OCGA § 9-2-61. Progressive, an unnamed defendant and the uninsured motorist carrier for the owner of the vehicle Cox was occupying at the time of the accident, moved to dismiss the complaint because Dodson died several months prior to the filing of the renewal action. The…