Reese v. Henderson

Court of Appeals of Georgia

Reese v. Henderson

275 S.E.2d 664, 156 Ga. App. 809, 1980 Ga. App. LEXIS 3208

CourtCourt of Appeals of Georgia

DecidedNovember 7, 1980

Docket60886

StatusPublished

Cited by10 cases

This text of 275 S.E.2d 664 (Reese v. Henderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reese v. Henderson, 275 S.E.2d 664, 156 Ga. App. 809, 1980 Ga. App. LEXIS 3208 (Ga. Ct. App. 1980).

Pincite

Opinion

Smith, Judge.

We granted this interlocutory appeal in order to review the trial court’s denial of appellant’s motion to strike appellee’s claim for personal injuries. The issue presented is whether the claim is barred by the two-year statute of limitations. See Code § 3-1004. We reverse.

The relevant facts are not in dispute. Appellee alleges that she and appellant were involved in an automobile collision on April 7, 1978, at approximately 5:00 p.m. She filed her complaint on Monday, April 7, 1980, at 3:56 p.m. Appellee contends her complaint was timely filed. Appellant asserts the statute of limitations has run.

“Under the rulings of the Supreme Court and this court, a claim filed on October 9,1974, to recover damages resulting from a personal injury which occurred on October 9,1972, is barred by the statute of limitation . . .” Hilea v. Colonial Stores, Inc., 135 Ga. App. 39 (216 SE2d 905) (1975); Clark v. Memorial Hospital of Bainbridge, 145 Ga. App. 305 (243 SE2d 695) (1978). Nonetheless, appellee contends her claim is not barred because the complaint was in fact filed one hour and four minutes less than two years after the accident occurred. However, the same argument was heard and rejected by this court in Dowling v. Lester, 74 Ga. App. 290 (39 SE 576) (1946). See Peterson v. Ga. R. & Banking Co., 97 Ga. 798 (25 SE 370) (1896).

Appellee also contends that, since April 6,1980 fell on a Sunday, she was authorized to file suit on Monday, April 7,1980, pursuant to Code § 102-102 (8) and CPA § 6 (a) (Code Ann. § 81A-106 (a)). These arguments have been presented to the appellate courts of this state on other occasions; they, too, have been rejected. See Allstate Ins. Co. v. Stephens, 239 Ga. 717 (238 SE2d 382) (1976), reversing Allstate Ins. Co. v. Stephens, 140 Ga. App. 720 (231 SE2d 470) (1976); Schaefer v. Mayor &c. of Athens, 120 Ga. App. 301, 302 (170 SE2d 339) (1969); Davis v. United States Fidelity & Guaranty Co., 119 Ga. App. 374 (167 SE2d 214) (1969).

The result we reach here is not the result we would reach if the instant case were one of first impression. See Chief Justice Nichols’ dissent in Allstate Ins. Co. v. Stephens, supra at 720; 2 Moore’s Federal Practice ¶ 6.06 [2]. However, the cases cited above are controlling, and we therefore conclude that appellee’s claim for personal injuries is barred by the applicable statute of limitations. Accordingly, the judgment is reversed.

Judgment reversed.

McMurray, P. J., and Banke, J., concur. *810 Palmer H. Ansley, Roger Mills, for appellant. Tyson E. Baisden, Jr., for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

We granted this interlocutory appeal in order to review the trial court’s denial of appellant’s motion to strike appellee’s claim for personal injuries. The issue presented is whether the claim is barred by the two-year statute of limitations. See Code § 3-1004. We reverse.

The relevant facts are not in dispute. Appellee alleges that she and appellant were involved in an automobile collision on April 7, 1978, at approximately 5:00 p.m. She filed her complaint on Monday, April 7, 1980, at 3:56 p.m. Appellee contends her complaint was timely filed. Appellant asserts the statute of limitations has run.

“Under the rulings of the Supreme Court and this court, a claim filed on October 9,1974, to recover damages resulting from a personal injury which occurred on October 9,1972, is barred by the statute of limitation . . .” Hilea v. Colonial Stores, Inc., 135 Ga. App. 39 (216 SE2d 905) (1975); Clark v. Memorial Hospital of Bainbridge, 145 Ga. App. 305 (243 SE2d 695) (1978). Nonetheless, appellee contends her claim is not barred because the complaint was in fact filed one hour and four minutes less than two years after the accident occurred. However, the same argument was heard and rejected by this court in Dowling v. Lester, 74 Ga. App. 290 (39 SE 576) (1946). See Peterson v. Ga. R. & Banking Co., 97 Ga. 798 (25 SE 370) (1896).

Appellee also contends that, since April 6,1980 fell on a Sunday, she was authorized to file suit on Monday, April 7,1980, pursuant to Code § 102-102 (8) and CPA § 6 (a) (Code Ann. § 81A-106 (a)). These arguments have been presented to the appellate courts of this state on other occasions; they, too, have been rejected. See Allstate Ins. Co. v. Stephens, 239 Ga. 717 (238 SE2d 382) (1976), reversing Allstate Ins. Co. v. Stephens, 140 Ga. App. 720 (231 SE2d 470) (1976); Schaefer v. Mayor &c. of Athens, 120 Ga. App. 301, 302 (170 SE2d 339) (1969); Davis v. United States Fidelity & Guaranty Co., 119 Ga. App. 374 (167 SE2d 214) (1969).

The result we reach here is not the result we would reach if the instant case were one of first impression. See Chief Justice Nichols’ dissent in Allstate Ins. Co. v. Stephens, supra at 720; 2 Moore’s Federal Practice ¶ 6.06 [2]. However, the cases cited above are controlling, and we therefore conclude that appellee’s claim for personal injuries is barred by the applicable statute of limitations. Accordingly, the judgment is reversed.

Judgment reversed.

McMurray, P. J., and Banke, J., concur. *810 Palmer H. Ansley, Roger Mills, for appellant. Tyson E. Baisden, Jr., for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

275 S.E.2d 664, 156 Ga. App. 809, 1980 Ga. App. LEXIS 3208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reese-v-henderson-gactapp-1980.

Opinion

Related

Cite This Page — Counsel Stack