Davis v. Lugenbeel

Phipps, Judge.

To recover damages for injuries sustained in a vehicular collision in 2002, Vanessa Davis brought a complaint against Shenandoah Lugenbeel before July 1, 2003, and then filed a notice of voluntary dismissal without prejudice. After July 1, 2003, Davis brought a second and then third complaint against Lugenbeel to recover damages for the same injuries. With regard to the second complaint, Davis also filed a voluntary dismissal without prejudice. Lugenbeel moved to dismiss the third complaint under OCGA § 9-11-41 (a) (3) as amended effective July 1, 2003, on the ground that…