Wilcher v. Smith

Pope, Presiding Judge.

Four-year-old Dontavius Wilcher was struck by a truck driven by defendant John Edward Smith as he crossed the road to his school bus on the morning of November 20, . 1997. Wilcher’s mother, Kathleen Walker, filed suit on his behalf and individually against Smith and seven other defendants on November 13, 1999. Smith notified his insurer, Atlanta Casualty Insurance Company of the suit, and Atlanta Casualty and plaintiffs’ attorney agreed in writing (by facsimile) to extend the time for Smith to file his answer to January 3, 2000. However, this extension agreement was…