Answer to a personal injury lawsuit

Asked 3 months ago - San Bernardino, CA

* Case was file in the state of Georgia where the plaintiff resides and that’s where the event took place.
Defendant lives in California but lived in Georgia for a short period of time (defendant was in California on and prior to the event)
 
When Defendant move to Georgia one of the properties defendant took from California was a vehicle that later on was register with the Georgia DMV. Months later at the place of residence someone broke in to, taking everything including the vehicle because the key were hanging……
 
Right after that defendant move back to California thinking never will recover the vehicle, within that year registration was due and was not paid due to the fact that vehicle was stolen police report was send to the dmv in Georgia to notify the reason why registration has not been paid.
 
Well one year later police found the vehicle, surprised that it was found after that long and still in one piece, defendant at that moment is in California advise the sister that still reside in Georgia, to sell the vehicle and she did. And from that sale of the vehicle a bill of sale document
 
Was sign by the buyer, a week after the sale the buyer was under the influence of alcohol and collided with the plaintiffs’ vehicle not giving him the chance to change ownership for the vehicle?
This event took place on April 13 2012 plaintiff file lawsuit on April 14 2014.
 
Complaint included as defendants the buyer of the vehicle the seller of the vehicle that  lives in California and the sellers sister and brother in law that still reside in the state of Georgia.
Relatives are liable under the family purpose doctrine for the negligent acts of defendant (seller of the vehicle)
Paperwork was served at relatives address in Georgia for all four defendants (buyer, seller, and the two relatives)
Buyer never lived at that address , seller don’t live there even prior to this event.
 
My questions are.
 
1.       Statute of limitations states that is 2 yrs for personal injury, so is the lawsuit file after the time allowed? If not is the best option to answer complaint with affirmative defense running of the statute of limitations?  Or the court counts 2012 as a leap year? And complaint was file on time?
2.       Is venue proper as to defendant (seller & relatives)……?
3.       Is jurisdiction is proper as to defendant (seller & relatives)……?
4.       Service of process is proper and sufficient as to defendant  (seller)…?

Attorney answers (5)

  1. Christopher John Gansen

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . This is nearly impossible to follow. If you had insurance for this, give the suit to them. If not you probably need a GA lawyer.

  2. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . You should use avvo find a lawyer to find an attorney in the area where the case was filed. Lawyer there will know the answers as to the statute of limitations, venue, jurisdiction, and service, as well as whether your failure to file transfer papers with the dmv before the accident makes you legally liable.

  3. Christine James

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . As the other attorneys have stated, you really need an attorney for this. Hopefully an attorney can dispense with it as to the sellers quickly and inexpensively. If you do this wrong from the start, it is going to cost you more in the long run. First, ask this question in Georgia (or call a couple of attorneys directly). I doubt the sellers are liable but in CA there is a release of liability form that must be completed and you will have to find out if the same exists in GA. I doubt service was proper, especially if each defendant was not personally served. Venue and jurisdiction are likely proper if that is where the accident and sale took place. For you to be compelled to answer however, you need to be served here in CA.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The question is convoluted, and without all the missing relevant facts, tough to answer. Best speak with one of the local Avvo lawyers on the phone who can separate the wheat from all this chaff.

  5. Kevin H. Pate

    Contributor Level 20

    5

    Lawyers agree

    Answered . Any defects in the case brought by the Plaintiffs, and any available tot he defendants are best addressed through hiring experienced counsel if you did not have insurance at the time of the incident, and giving this to your insurance carrier immediately if you did have insurance.

    . Time's is rapidly closing to successfully do anything. If you do not already have counsel, dix that problem this morning.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,419 answers this week

3,046 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,419 answers this week

3,046 attorneys answering