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Bryant v. Sanders

Court of Appeals of Georgia
Jul 9, 1976
228 S.E.2d 329 (Ga. Ct. App. 1976)

Opinion

52201.

SUBMITTED MAY 3, 1976.

DECIDED JULY 9, 1976. REHEARING DENIED JULY 20, 1976.

Action for damages. Dougherty Superior Court. Before Judge Kelley.

William L. Swan, for appellant.

Perry, Walters, Lippitt Custer, Jessee W. Walters, for appellee.


This is an action for personal injuries allegedly sustained as a result of a motor vehicle collision on November 10, 1972. The complaint was filed on November 13, 1974. The bar of the two year statute of limitation was pleaded. Plaintiff amended by alleging that defendant had removed himself from Georgia and resided for three months or longer in Alabama, thereby tolling the statute. The trial court considered evidence which is undisputed that the defendant resided in Albany, Georgia, from January 1972 through 1975, except for a temporary absence in Alabama for the months of October, November and December, 1974. Defendant's motion for summary judgment was granted. Held:

The two year statutory period is tolled during the time defendant resides in another state until he returns to Georgia. Code § 3-805; Railey v. State Farm, 129 Ga. App. 875 ( 201 S.E.2d 628). This rule does not apply when the absence is only temporary as it was here. Sedgwick v. Gerding, 55 Ga. 264.

Judgment affirmed. Clark and Stolz, JJ., concur.


SUBMITTED MAY 3, 1976 — DECIDED JULY 9, 1976 — REHEARING DENIED JULY 20, 1976.


Summaries of

Bryant v. Sanders

Court of Appeals of Georgia
Jul 9, 1976
228 S.E.2d 329 (Ga. Ct. App. 1976)
Case details for

Bryant v. Sanders

Case Details

Full title:BRYANT v. SANDERS

Court:Court of Appeals of Georgia

Date published: Jul 9, 1976

Citations

228 S.E.2d 329 (Ga. Ct. App. 1976)
228 S.E.2d 329

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