 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rodriguez v. Farm Family Casualty Insurance Co.4/19/2005
Heard: January 14, 2005
ORDER
Upon Defendant Ron Jackson and Gina Bell's Motion to Dismiss. Granted.
Upon consideration of Defendants' motion to dismiss and the record before this Court, it appears to the Court:
Ron Jackson and Gina Bell ("Defendants") have filed a motion to dismiss Jerry and Idahaili Rodriguez's ("Plaintiffs") complaint contending that such action instituted against them is time-barred by the applicable statute of limitations. Specifically, Defendants contend that Plaintiffs' amended complaint naming them as parties to the action was filed more than two years after the automobile collision occurred and no circumstances exist that would allow the amended complaint to relate back to the filing date of the original complaint. For the reasons set forth below, this Court agrees with Defendants that Plaintiffs' amended complaint is time-barred by the statute of limitations and Defendants' motion to dismiss will be granted.
On July 12, 2002, a Chevrolet Van operated by an unknown driver rear-ended an automobile which in turn rear-ended Plaintiffs' automobile. Although the operator of the Chevrolet Van initially stopped at the scene of the collision, the operator departed without providing any personal information after observing no damage to the vehicles. An officer arrived at the scene shortly afterward and observed Plaintiffs' automobile along with the second automobile still positioned in the roadway. Because no damage to the vehicles existed, the officer informed both parties that a report would not be filed because an accident did not occur. Although there was no apparent damage to the vehicles, Plaintiff Idahaili Rodriguez did complain of physical discomfort at the scene of the collision and sought treatment for her injuries the following day.
On March 19, 2004, Plaintiffs commenced an action against Sherri Williams and Carl J. Jenkins surmising that Jenkins was the owner of the Chevrolet Van and Williams was the operator of the vehicle. On August 18, 2004, Williams filed a motion to dismiss Plaintiffs' action for insufficiency of process, insufficiency of service and lack of personal jurisdiction. Williams acknowledged that she owned the vehicle in question but asserted that she entrusted the vehicle to Defendant Ron Jackson on the date of the accident for the sole purpose of making minor repairs. Williams also commented that Ron Jackson admitted to lending Williams' van to his girlfriend, Defendant Gina Bell, who was the operator of the vehicle when the accident occurred. On September 29, 2004, all parties agreed that Williams should be dismissed from this action conditional upon her providing contact information for Ron Jackson and Gina Bell.
On October 15, 2004, Plaintiffs filed an amended complaint naming Ron Jackson and Gina Bell as defendants. Defendants responded by filing a motion to dismiss contending that any complaint naming them as defendants must have been filed before July 12, 2004 in order to comply with the statute of limitations since the accident occurred on July 12, 2002. Although Plaintiffs' original complaint was filed on March 19, 2004 and complies with the statute of limitations, Defendants contend that no circumstances exist that would allow the amended complaint to relate back to the filing date of the original complaint. Accordingly, Defendants contend that their motion to dismiss should be granted because Plaintiffs' action against them is time-barred by the statute of limitations.
Plaintiffs concede that Defendants were not parties to this litigation until after the two-year statute of limitations had expired but contend that their amended complaint should be allo
Page 1 2 3 4 5 Delaware Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|