In a January 25, 2022 decision by the Georgia Court of Appeals, it held that the COVID Judicial Emergency Orders tolled the statute of limitations even where a plaintiff elected to file suit within the original limitations period. As a result, the deadline to find and serve a defendant with the complaint was also extended. In Beauparlant v. Aiken, A21A125, 2022 WL 213215, decided January 25, 2022, the appellant filed suit on June 2, 2020 for an auto accident, injury case that occurred June 11, 2018. Appellant served appellee with the Complaint on August 9, 2020. The Georgia Court of Appeals held that even though appellant met the original 2 year statute of limitations deadline with her filing, the actual statute of limitation provision was tolled approximately 90 days which meant a service date of August 9, 2020 actually fell within the statute of limitations period of appellant’s personal injury claim. It also held that the appellant’s filing of the case within the original limitations provision did not waive the effect of the State’s Judicial Emergency Order.
To read the full decision – click here.
