Michael Antonio Joseph v. Tyler Watts

Atlanta, Georgia personal injury lawyer represent the Plaintiff on an auto negligence claim.



Joseph was involved in a multi-vehicle collision on February 2, 2018; one of the other vehicles involved in the collision was owned by David Scott Cregger. On August 6, 2019, Joseph filed suit against Cregger. Cregger, however, subsequently averred that he was in no way involved in the accident, and, pointing to the relevant accident report showing that his vehicle was actually being driven by Watts, moved for summary judgment. On October 30, 2020, Joseph moved the trial court for leave to amend his complaint to add Watts as a defendant; the trial court granted Joseph's motion, and Watts was served with the amended complaint on February 1, 2022.



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Legal issue Can a personal injury claim against a newly added defendant relate back to the filing date of the original complaint when the defendant did not receive sufficient notice before the statute of limitations expired?



Key Phrases Interlocutory appeal. Personal injury action. Summary judgment motion. Statute of limitation. Amended complaint.

Reversed.