The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Rodriguezv.State Farm Mut. Auto. Ins. Co.

CourtCourt of Appeals of Georgia
Docket No.A22A1361
DecidedNovember 3, 2022
Reporter366 Ga. App. 65; 880 S.E.2d 606; 2022 Ga. App. LEXIS 524; 2022 WL 16644492
JudgesDoyle, P.J., Reese, J., and Senior Appellate Judge Phipps; all concurred.
Tags
CivilInsurance LawUninsured Motorist CarrierService of ProcessStatute of LimitationsDue DiligenceDismissalOCGA 33-7-11
Case Summary

After a 2019 collision, Moises Rodriguez sued Tiara Stinson and served State Farm, his purported uninsured-motorist carrier, under OCGA § 33-7-11 (d). State Farm answered in Stinson’s name and asserted insufficient service on her. Rodriguez hired a process server and investigator; although they located Stinson’s residence and made repeated unsuccessful attempts, she remained unserved after the limitations period expired on December 9, 2021. Rodriguez then made no service effort for 28 days, did not check on the process server, and sought service by publication only after State Farm moved to dismiss. The Court of Appeals affirmed dismissal. It held the record supported the trial court’s discretionary finding that Rodriguez failed to exercise the “greatest possible diligence” to perfect service after limitations expired. His claim that State Farm’s participation meant Stinson suffered no prejudice was not preserved because he had not raised it below. Unlike a prior case where counsel continuously followed up with the process server after limitations expired, Rodriguez’s post-deadline efforts were not continuous.

Opinion

Loading published copy…

The Far Side