Blair Cash Secures Defense Summary Judgment
Blair J. Cash obtained summary judgment in favor of his client in the State Court of Fulton County. The case arose out of an August 18, 2014 motor vehicle accident. The Plaintiff filed suit against the Defendant in 2016, but never properly served the Defendant. The Plaintiff previously dismissed her lawsuit without prejudice and subsequently filed two renewal actions, one of which was dismissed for want of prosecution and the other which proceeded forward. In his Motion for Summary Judgment, Mr. Cash argued that the Plaintiff’s renewal action (1) was void because the Defendant was never served in the original lawsuit; (2) the statute of limitations barred the Plaintiff’s claims; (3) the renewal action was filed more than six months after the original lawsuit was dismissed without prejudice; and (4) the Plaintiff did not exercise the required diligence in serving the Defendant. The trial court agreed, granting the Motion for Summary Judgment and eliminating any exposure to the client.
Blair J. Cash is an associate in the Alpharetta office of Lueder, Larkin & Hunter where his practice focuses on general liability defense and litigation. Blair can be reached at bcash@luederlaw.com.