Filing a Renewal Suit Comes with Strict Procedural Requirements

Leroy Vernon Jones was walking along the side of the road at night in Valdosta, Georgia, when he was struck by a vehicle. The administrators of his estate and his daughter (collectively, “Whitesell”) brought a suit against Georgia Power Company (“Georgia Power”) alleging that dim lighting caused Jones’ wrongful death. Shortly thereafter, Whitesell voluntarily dismissed the suit. He then attempted to file a renewal suit. The trial court dismissed that suit and on appeal, the Court of Appeals of Georgia affirmed. Whitesell v. Georgia Power Company, 2017 WL 1406999 (Ga. Ct. App. 2017). The issue with the renewal suit is that it was filed after the original statute of limitations had expire

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