Lee v. Kim

Blackburn, Presiding Judge.

In this personal injury action filed two days before the applicable statute of limitation was to run, plaintiff Won Suk Lee appeals the dismissal of his complaint where the only basis for the court’s ruling was that the sheriff s office did not serve the complaint and summons until thirteen days after the complaint was filed. We agree with Lee that such alone did not show laches on his part; therefore, we reverse the judgment.

Lee sued Don Kim for injuries arising out of Kim’s dog biting Lee on March 10, 2003. Lee filed the suit in Gwinnett County on March 8, 2005,…