Georgia Farm Bureau Mutual Insurance v. Martin

Johnson, Judge.

Bernard Martin, a minor, was riding his bicycle when he was hit by a truck driven by David Delk. The truck was owned by Larry Day. Martin’s mother, Linda Thomas, individually and as Martin’s next friend brought an action against Delk and Day seeking damages for the injuries he sustained. Below is a chronology of that action:

9/13/90 — Complaint filed naming Day and Delk as defendants.

9/14/90 — Day is served, although service is defective. Day admits in his deposition that he notified his insurer, Georgia Farm Bureau Mutual Insurance Company of the claim.

9/19/90 — Delk served.

10/2…