January 23, 2026. Partner Kevin James won a Motion to Dismiss in an injury case from a 2022 motor vehicle accident in Fulton County State Court.
The incident giving rise to the legal action occurred on June 17, 2022, at 6:00 a.m. Plaintiff was operating a 2006 Chrysler Town & Country and traveling on Greenbriar Pkwy SW near its intersection with Langford Pkwy. Defendant was operating a 2013 Nissan Titan and traveling straight on Greenbriar Pkwy SW at its intersection with Langford Pkwy. As Defendant was traveling straight, Plaintiff turned left and struck the front end of Defendant’s vehicle. Defendant reported his traffic light just turned amber, and Plaintiff reported having a green light. After the impact, Defendant’s vehicle made contact with the light pole which caused the traffic light to fall into the roadway. Plaintiff reported complaints of leg pain and was transported to the hospital. The investigating officer found Plaintiff at fault for failure to yield when turning left and issued Plaintiff the sole citation under OCGA 40-6-71.
Plaintiff filed a Complaint for personal injury on July 30, 2024, alleging the statute of limitations was tolled pursuant to OCGA 9-3-99 and that Defendant’s conduct violated OCGA 51-1-6, 51-1-9, and 51-1-13 for traveling at an accelerated speed, failing to slow down, and committing the tortious act of battery. Further, Plaintiff claimed Defendant caused Plaintiff’s unnecessary trouble and expense so as to justify a recovery of attorney fees and expenses under OCGA 13-6-11.
In response to Plaintiff’s Complaint, Mr. James filed a Motion to Dismiss in lieu of an answer pursuant to OCGA 9-11-12 contending that Plaintiff’s Complaint was barred by the applicable statute of limitation, specifically highlighting Plaintiff’s Complaint was filed six weeks following the expiration of the Statute of Limitations and that Plaintiff was not entitled to the tolling provisions of OCGA 9-3-99. Mr. James argued Plaintiff was the only party cited as a result of the motor vehicle accident and the tolling provisions of OCGA 9-3-99 only applied to alleged victims of a crime. Essentially, OCGA 9-3-99 does not benefit a plaintiff, where the plaintiff is the alleged perpetrator. Plaintiff’s counsel responded to the motion, arguing that the citation against Plaintiff was dismissed at an August 9, 2022 hearing in Atlanta Traffic Court, which tolled the statute of limitations under OCGA 9-3-99 and Defendant’s failure to file an Answer timely, placed Defendant in Default.
After consideration of the Motions and Briefs, Judge Myra Dixon Granted Defendant’s Motion to Dismiss.
The case is Sheryl Reid v. Lamartei Diggs and Marlana Bagby, CAFN: 24EV006669
Read more about Partner Kevin James here.
Read more about GMKE at http://www.gmke.law. Follow GMKE on LinkedIn, Facebook and Instagram.
