GEORGIA SUPREME COURT RULES THAT THE STATUTE OF LIMITATION FOR AN AUTO PERSONAL INJURY CASE IS TOLLED UNTIL FINAL DISPOSITION OF DEFENDANT’S TRAFFIC OFFENSE
Posted by H. Lee Pruett
In Beneke v. Parker, Case No. S08G2078 (Ga. Sup. Ct., Sept. 28, 2009), the plaintiff’s Complaint was deemed timely even though it was filed two years and two weeks after the date of accident giving rise to the lawsuit. On April 27, 2005, the plaintiff was a passenger in a car which was rear-ended by the defendant. The defendant was cited for following too closely. The plaintiff filed her complaint for personal injuries on May 11, 2007. The defendant filed a motion for summary judgment, arguing that the two-year statute of limitations had run, but the trial court denied the motion. The trial court held that O.C.G.A. § 9-3-99 tolled the statute of limitations until the defendant paid the fine in connection with his traffic citation. O.C.G.A. § 9-3-99 provides that the limitation period is “tolled from the date of commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated.”
