Lewis v. Waller

Bernes, Judge.

John W. Lewis, Jr., appeals the dismissal of his tort action against Anastasia Waller and Horace Mann Insurance Company, Lewis’ underinsured/uninsured motorist carrier (“UMC”). The State Court of Clayton County dismissed the suit after concluding that the statute of limitation had expired. On appeal, Lewis contends that the trial court should have stricken the answer filed by Horace Mann on behalf of Waller and entered a default judgment in his favor. Lewis further contends that his action was renewable and thus not barred by the statute of limitation. For the reasons discussed…