September 22, 2023. Associate Attorney Breonna Glover won dismissal on behalf of her client in the State Court of Forsyth County.
This case arose out of an automobile collision that occurred on February 10, 2021. The Plaintiff filed her Complaint for injuries on February 21, 2023. Subsequently, had an unsuccessful service attempt in February before finally serving the Defendant via substitute service on his wife on June 20, 2023. However, there were no service attempts in between.
In May 2023, Defendant filed a notice of special appearance of counsel. In June, Ms. Glover filed a motion to dismiss on behalf of her client. Plaintiff responded alleging that the judicial emergency order entered during Covid provided tolling that was applicable to this matter.
The Court heard oral argument in this matter and Ms. Glover argued that the judicial emergency orders the Plaintiff was seeking to invoke expired in July 2020. Further, the Complaint itself was filed after the expiration of the statute of limitations.
After argument, the Court agreed with Ms. Glover and dismissed the case finding that the Complaint itself was barred by the statute of limitations and thus the Court did not even need to address whether the Plaintiff was diligent in his attempts to serve the Defendant.
The case is Rachel Hester v. Gilbert Carl Phillips, State Court of Forsyth County, CAFN 23SC-0238-A.
Read more about Attorney Breonna Glover here.
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