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Roderick Russellv.Muscogee County School District Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A0371
DecidedApril 13, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureTort LawNegligencePersonal JurisdictionReversal
Case Summary

Roderick Russell sued Richard Shores and the Muscogee County School District for injuries arising from a collision between Russell vehicle and a school bus. He alleged negligent driving, vicarious liability, negligent entrustment, and negligent hiring. After default was entered, the defendants specially appeared and moved to dismiss for insufficient service. The trial court dismissed the complaint, and Russell appealed. The Georgia Court of Appeals affirmed the dismissal as to Shores because the record contained no evidence that he had been served. It reached a different result for the school district. Russell presented evidence that a process server delivered the summons and complaint to an assistant in the school district human-resources department, while the district offered no competent evidence that the recipient lacked authority to accept service. The court therefore held that dismissal was not warranted as to the district. It affirmed in part and reversed in part.

Opinion

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Roderick Russell V. Muscogee County School District Et Al. — The Atlanta Gleaner