CARPENTER v. McMANN Et Al.
341 Ga. App. 791
| Ga. Ct. App. | 2017Background
- Plaintiffs Sherinna McMann and Childronda Holton sued Eric Carpenter and a John Doe for injuries from an automobile collision on I‑75 in Bibb County; Carpenter lives in Crawford County.
- Complaint alleges a John Doe negligently entered plaintiffs’ lane, causing their driver to slow, and Carpenter then rear‑ended them by following too closely.
- John Doe fled and remains unidentified; plaintiffs sued John Doe as a placeholder.
- Plaintiffs filed in Bibb County (site of the collision). Carpenter moved to transfer venue to his home county, arguing he has a constitutional right to be sued in his county of residence because John Doe is a nominal party.
- Trial court denied the transfer, relying on OCGA § 33‑7‑11(d)(1) (presuming John Doe’s residence is either the accident county or plaintiff’s county) and the Georgia Constitution’s provision that joint tort‑feasors may be sued in either tort‑feasor’s county.
- Court of Appeals granted interlocutory review and affirmed the denial of transfer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue in the county where the accident occurred is proper when one defendant is a John Doe presumed by statute to reside there, making the named defendant a nonresident | John Doe is properly treated as residing in the accident county under OCGA §33‑7‑11(d)(1); because John Doe and Carpenter are alleged joint tort‑feasors, venue is proper in Bibb County | John Doe is a nominal placeholder; Carpenter, a known resident, has a constitutional right to be sued in his home county and the presumed statutory residence of John Doe should not defeat that right | Court held OCGA §33‑7‑11(d)(1) applies; because defendants are alleged joint tort‑feasors, venue is proper in Bibb County and transfer was properly denied |
Key Cases Cited
- Burchfield v. W. Metro Glass Co., 340 Ga. App. 324 (2017) (venue proper in county of one joint tort‑feasor is proper as to the other)
- Allstate Ins. v. Duncan, 218 Ga. App. 552 (1995) (John Doe action does not produce an in personam judgment against unknown tortfeasor)
- State Farm Mut. Ins. Co. v. Kuharik, 179 Ga. App. 568 (1986) (John Doe plaintiff cannot be said to have served or obtained judgment against unknown tortfeasor)
- Banks v. City of Hampton, 280 Ga. App. 432 (2006) (insolvent estate of joint tortfeasor not nominal; venue proper in administrator’s county)
- Bell v. McDonald, 117 Ga. App. 570 (1968) (distinguishable collusion case where adding insolvent estate to establish venue was suspect)
- Hankook Tire Co. Ltd. v. White, 335 Ga. App. 453 (2016) (exception to venue preservation for consent judgments applies when nonresident defendant proves collusion)
- City of Atlanta v. City of College Park, 292 Ga. 741 (2013) (statutory construction principles; court must give effect to plain statutory language)