Oates v. Parker

BRYANT, Judge.

Where alias and pluries summonses were not directed to defendant and cannot relate back to the date of plaintiff's original filing, and where any proper summons subsequently issued would issue following the expiration of the statute of limitations, the trial court did not err in granting summary judgment in favor of defendant, and we affirm. Further, because plaintiff's action against defendant must fail, the action against a co-defendant was properly dismissed where the allegations against co-defendant were premised entirely on principles of vicarious liability.

The instant case…