Whitten v. Richards

Eldridge, Judge.

Plaintiffs E. L. Whitten and P. Y. Whitten, husband and wife, appeal from the trial court’s grant of summary judgment to defendant Edward L. Richards. In their sole enumeration of error, the Whit-tens allege that the trial court erred in finding that they failed to use due diligence in perfecting service on Richards and that their claims were barred by the statute of limitation.

This case arises from an automobile collision which occurred on November 26, 1994. On December 12, 1997, the Whittens filed this suit against Richards. Each of the plaintiffs requested damages for…