Craig Terrett and Lauren Byrne Secured Order Dismissing a Case

Craig Terrett and Lauren Byrne secured an Order dismissing a case on the basis that two prior voluntary dismissals rendered the matter adjudicated upon the merits. A Plaintiff passenger who filed suit against a faultless driver for the injuries he suffered in an auto accident voluntarily dismissed the suit, with the Defendant’s consent, in order to await a decision in the at-fault driver’s criminal proceeding. The Plaintiff later re-filed suit and, again, dismissed the case voluntarily. When the Plaintiff filed his suit for a third time, Cruser Mitchell filed a Motion to Dismiss on the grounds that the second voluntary dismissal constituted an adjudication upon the merits under Georgia law. Without oral argument, the Court issued an Order Dismissing the case and rejecting the Plaintiff’s argument that the first voluntary dismissal was irrelevant because it was made with the Defendant’s consent and because the first Complaint was not the same “action” as the second and third Complaints, which alleged additional claims absent in the first.

 

Order Granting Motion to Dismiss