Bertone v. Wilkinson

Pope, Chief Judge.

This appeal concerns whether the trial court correctly held that OCGA § 9-2-61 is not applicable to third-party complaints and correctly dismissed plaintiff Lewis Bertone’s complaint filed against defendant Rick Wilkinson, which was filed within six months after Bertone dismissed his third-party complaint against Wilkinson in a separate but related suit. In this action, Bertone seeks damages for personal injuries he allegedly suffered when, after an altercation between Bertone and Wilkinson’s friend (the plaintiff in the original action) had subsided, Wilkinson attacked and…