* 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)…?