Newsome v. Department of Administrative Services

Blackburn, Presiding Judge.

In this case of first impression, Audrey Newsome appeals, on interlocutory grant, from the denial of her motion to dismiss the Department of Administrative Services’ (DOAS) subrogation claim filed pursuant to OCGA § 34-9-11.1 (c), contending the statute of limitation barred the claim. Because we find that the trial court applied the wrong statute of limitation to the subrogation claim, we reverse.

A motion to dismiss for failure to state a claim upon which relief may be granted should be granted where:(1) the allegations of the complaint disclose with certainty that…