347 Ga. App. 363
Ga. Ct. App.2018Background
- On Oct. 16, 2014 Williams and Durden collided; officer issued Durden a uniform traffic citation (UTC) for following too closely.
- UTC listed a municipal court contest date of Nov. 18, 2014; Durden paid the citation on Oct. 27, 2014.
- Williams sued Durden for personal injuries on Nov. 10, 2016 (over two years after the collision).
- Durden moved for summary judgment, arguing the two-year statute of limitations (OCGA § 9-3-33) expired because the tolling statute (OCGA § 9-3-99) ended when she paid the citation on Oct. 27, 2014.
- Williams produced certified UTC and municipal docket records showing the case disposition as a “bond forfeiture” on Nov. 18, 2014 and argued tolling continued until that forfeiture date.
- Trial court granted summary judgment for Durden; the Court of Appeals reversed, finding a genuine factual dispute that tolling continued until Nov. 18, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 9-3-99 tolled the two-year limitations period for Williams’s tort claim arising from the traffic collision | Tolling applied because criminal prosecution (started by UTC) remained pending until municipal court forfeited Durden’s bond on Nov. 18, 2014 | Tolling ended when Durden paid the citation on Oct. 27, 2014, so limitations expired before suit | Reversed: plaintiff produced evidence (UTC and docket) creating a genuine dispute that tolling continued until Nov. 18, 2014; summary judgment improper |
Key Cases Cited
- Wilson v. Obstetrics & Gynecology of Atlanta, 304 Ga. App. 300 (summary judgment standard and de novo review)
- Smith v. Suntrust Bank, 325 Ga. App. 531 (burden shifts on statute-of-limitations tolling at summary judgment)
- Stopanio v. Leon’s Fence & Guardrail, LLC, 346 Ga. App. 18 (OCGA § 9-3-99 tolls tort claims while related criminal charges pending)
- Beneke v. Parker, 285 Ga. 733 (UTC-related traffic torts fall within § 9-3-99 tolling)
- Forbes v. Smith, 338 Ga. App. 546 (tolling under § 9-3-99 continues while traffic prosecution remains pending)
- McGhee v. Jones, 287 Ga. App. 345 (distinguishable: prosecution held terminated upon payment of ticket where record did not show pending prosecution after payment)
- Harrison v. McAfee, 338 Ga. App. 393 (§ 9-3-99 applies even when defendant is not the alleged criminal actor)