Legal Opinion

Houston v. Doe

Court of Appeals of Georgia

Decided November 17, 1975No. 51465PublishedCited by 29 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. The first issue for resolution is the applicable statute of limitation to a suit under the Uninsured Motorist Act against a "John Doe” defendant for personal injuries. Plaintiffs urge that their suit is for "the enforcement of rights accruing to individuals under statutes . . .,” the Uninsured Motorist Act, and that the appropriate statute of limitation is 20 years. Code Ann. § 3-704. This argument is not persuasive. The Uninsured Motorist Act does not create a new right in plaintiffs to sue an uninsured owner or driver of another vehicle; it merely provides a new…

2Cases cited5 opinions

  1. Bigby v. DouglasSupreme Court of Georgia · 1905
  2. Railey v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Georgia · 1973
  3. CENTRAL OF GEORGIA RAILWAY COMPANY v. HarbinCourt of Appeals of Georgia · 1974
  4. Williams v. ClemonsSupreme Court of Georgia · 1934
  5. Matthews v. North Cobb Tire Co.Court of Appeals of Georgia · 1969

3Cited by29 opinions

  1. Vaughn v. CollumSupreme Court of Georgia · 1976
  2. Stephen W. Brown Radiology Associates v. GowersCourt of Appeals of Georgia · 1981
  3. Curlee v. Mock Enterprises, Inc.Court of Appeals of Georgia · 1985
  4. Paula I. WHATLEY, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION, Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1982
  5. Smith v. PhillipsCourt of Appeals of Georgia · 1984

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