Maddox v. Hall County

Shulman, Presiding Judge.

Appellant brought suit against Hall County for injuries he received while incarcerated in the Hall County Correctional Institute. The county answered and filed a motion to dismiss for failure to present the claim within 12 months of the injury as is required by Code Ann. § 23-1602. Appellant contended in response to the motion that the period of limitation in § 23-1602 was tolled by the fact that appellant had been, since the cause of action arose, imprisoned. Relying on Heard v. Caldwell, 364 FSupp. 419, the trial court granted the motion to dismiss. We reverse.

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