Associate Attorney Eric Jorgensen won a dismissal on behalf of an insured driver in Gwinnett County.
The case arose out of a motor vehicle accident that occurred on May 7, 2020. Plaintiff filed suit against the insured driver and attempted to improperly serve the Defendant by serving her insurance company. A Special Appearance and Answer were filed on behalf of the Defendant in December of 2021.
The statute of limitations expired on July 14, 2022 and the Defendant had yet to be served. Mr. Jorgensen filed a Motion to Dismiss with Prejudice on behalf of the Defendant, arguing that Plaintiff failed to obtain proper service. The Motion to Dismiss with Prejudice was granted without the need for a hearing. The Plaintiff’s attorney filed a Motion to Reconsider and/or Set Aside the Dismissal Order, claiming the case should not have been dismissed for several reasons including an argument that the court should apply further tolling of the statute because the Plaintiff was the victim of a crime (despite no citations having been issued) and that Plaintiff had obtained personal service on the day the dismissal was entered (which was over 2 months after the statute of limitations had expired). Mr. Jorgensen filed a response in opposition to Plaintiff’s motion. The next day, Plaintiff’s Motion to Reconsider was denied.
The case is Jonathan Maxey v. Brittany Allred.
State Court of Gwinnett County, CAFN: 21-C-08044-S5