Johnson v. Macon County
Johnson v. Macon County
Opinion of the Court
Jessie and Elizabeth Johnson appeal from a judgment dismissing their tort action against Macon County on the grounds it was barred by the one-year statute of limitations.
According to the complaint, Jessie Johnson, on the evening of January 22, 1981, parked his car on the shoulder of Macon County Highway No. 19 to determine whether he had a flat tire. When he walked around the side of his car, he fell off the shoulder and down a steep embankment into a deep concrete culvert, where he remained overnight. The highway shoulder was not marked with any sign, warning or guardrail. As a result of this fall, Jessie sustained severe back and arm injuries. On January 21, 1982, Jessie and his wife Elizabeth filed a claim against Macon County in the office of the Macon County Commission, in accordance with Code 1975,
Although the Johnsons' complaint against the County for negligent maintenance of a public highway is governed by Code 1975, § 6-2-39(a)(7), which requires commencement of the action within one year after the tortious event occurs, the administrative prerequisites to this action complicate the computation of this period. Because Code 1975, § 6-5-20, requires that an action may not be commenced against a county until the claim is first presented to and denied by the county commission,
The computation rule enunciated in Jones necessarily controls the outcome of the case at bar. The one-year statute began to run against the Johnsons’ claim on January 22, 1981, the date on which the tortious act allegedly occurred. The statute would ordinarily have precluded their cause of action on January 22, 1982, but the statute stopped running on the day before its expiration, January 21, 1982, the date of claim presentment. The statute began running again on March 8, 1982, the date of claim denial, and because only one day remained outstanding on the statutory period, the period elapsed on March 9,1982. The Johnsons’ complaint, which was not filed until April 9, 1982, was therefore barred by the one-year statute of limitations.
The judgment of the circuit court dismissing the Johnsons’ action against Macon County is affirmed.
AFFIRMED.
. A claim is deemed automatically denied if the commission fails to formally deny the claim within 90 days of presentment.
Reference
- Full Case Name
- Jessie Johnson and Elizabeth Johnson v. MacOn County, a Political Subdivision.
- Cited By
- 4 cases
- Status
- Published