Milton v. Wilkes

Carley, Judge.

Milton filed suit against Mrs. Wilkes seeking damages as result of injuries sustained by Milton at Mrs. *363Wilkes’ home on February 11,1976. Milton’s complaint was filed on April 27,1978, and served on April 29,1978. Mrs. Wilkes by her answer raised the affirmative defense that the action was barred by the statute of limitation set forth in Code Ann. § 3-1004 providing that an action for personal injuries must be brought within two years.

It was undisputed that Mrs. Wilkes was absent from Georgia from June 9, 1977, through August 28, 1977, during which period of time she was…