Chinn v. Maxwell

Birdsong, Judge.

This appeal is from the trial court’s grant of appellees’ motion to dismiss based on the two-year statute of limitation applicable to this personal injury action. The automobile accident out of which this case arose occurred on April 29, 1981. Appellant initially filed suit against appellees on April 29, 1982. This case was voluntarily dismissed on April 25, 1983. The present action was filed on June 1, 1983. Held:

The trial court erred in granting appellees’ motion to dismiss. The present action, although filed after two years had elapsed from the date of the accident,…