Green v. Flanagan
317 Ga. App. 152
Ga. Ct. App.2012Background
- Flanagan alleged Green harassed her at PharmaCentra in 2006; she complained and allegedly lost her job.
- Flanagan sued in Georgia state court for tort claims and a contract claim against PharmaCentra and Green; action was removed to federal court and compelled to arbitration.
- Flanagan settled with PharmaCentra; arbitration fees initially paid by PharmaCentra; no provision to pay fees for continuing arbitration against Green.
- Arbitration was dismissed or discontinued by April 2010 after the parties stopped paying fees; Flanagan consented to dismissal.
- Within six months after dismissal, Flanagan filed a second state court lawsuit reasserting the same tort claims against Green; claims were time-barred by OCGA § 9-3-33.
- Trial court denied Green’s motion to dismiss; appellate court reversed, holding arbitration is not a judicial proceeding and renewal statute cannot save the tort claims; contract claim against Green also dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether renewal statute saves untimely tort claims | Flanagan: renewal statute tolls after dismissal of prior case. | Green: arbitration is not a judicial proceeding; renewal statute inapplicable. | No; renewal statute does not apply to arbitration. |
| Whether the contract claim against Green is viable | Flanagan: Green may be liable as party to arbitration. | Green not a party to PharmaCentra employment agreement; no third-party beneficiary basis. | Contract claim against Green should be dismissed. |
Key Cases Cited
- Ludi v. Van Metre, 221 Ga. App. 479 (1996) (renewal statute contemplates renewal within six months of a judicial proceeding)
- Hardin Constr. Group v. Fuller Enterprises, 233 Ga. App. 717 (1998) (renewal statute interpretation in Georgia courts)
- Gordy v. Callaway Mills Co., 111 Ga. App. 798 (1965) (administrative proceedings not renewal-eligible for six-month window)
- Ivey v. DeKalb County Dept. of Public Safety, 668 F.Supp. 1579 (N.D. Ga. 1987) (no provision tolling for administrative appeal of employment termination)
- Bender v. A.G. Edwards & Sons, Inc., 971 F.2d 698 (11th Cir. 1992) (precedential discussion on staying litigation during arbitration)