February 12, 2024. Attorney Amanda Coop won dismissal on behalf of her client in the State Court of Cobb County.
This case arose out of an automobile collision that occurred on September 25, 2018. The Plaintiff filed her Complaint for injuries on September 25, 2020. The Plaintiff ultimately settled with a co-defendant but was unsuccessful in serving the Ms. Coop’s client. In March of 2023, Plaintiff filed a motion for service by publication upon Ms. Coop’s client. That Order was granted and publication service subsequently ran in the Marietta Daily Journal.
In October 2023, Ms. Coop filed a motion to dismiss on behalf of her client. She noted in her Motion and Brief that at that time over 1095 days had passed since the expiration of the statute of limitations. Further she noted that Plaintiffs became aware they had an incorrect address for the Defendant in October 2020 and that the Statute of limitations expired no later than September 2020. She noted that nothing in the Plaintiffs Motion for Service by Publication detailed the Palinitff’s attempts to locate the Defendant.
Ms. Coop argued that the matter should be dismissed because the Statute of Limitations had run and 1.) The Plaintiff did not exercise the required diligence in serving her client, 2.) Plaintiffs did not strictly comply with the requirements of service by publication and 3) Service by Publication would not confer personal jurisdiction without a showing that he was a resident of the state, had actual knowledge of the suit and intentionally secreted himself to avoid service.
On February 12, 2024, Judge Eric Brewton of the State Court of Cobb County granted Ms. Coop’s Motion Dismissing the case rejecting Plaintiffs arguments that they had exercised the requisite diligence. The Court found that each basis articulated by Ms. Coop merited dismissal of the case.
The case is Kenon Walker and Paula Neal-Walker v. Christopher Sawicki, State Court of Cobb County, CAFN 20-A-3371.
Read more about Attorney Amanda Coop here.
