Finch v. Doe
Finch v. Doe
Opinion of the Court
On February 14, 1997, Kenneth Finch was driving his car southbound on Interstate 85, pulling a trailer that had been manufactured by his employer. Traffic became congested, and Finch had to stop his car behind a truck. In his rearview mirror, Finch saw that an approaching sport utility vehicle was not slowing quickly enough to stop, and he braced himself for a collision. The SUV crashed into the trailer, which then hit Finch’s car. The impact pushed Finch’s car into the truck in front of him.
The driver of the SUV pulled around Finch’s car and left the accident scene. As the SUV drove away, Finch could not see its driver because the vehicle windows were tinted, but he did see that the vehicle was a black Chevrolet Blazer and that it had an out-of-state license tag. Finch noted that the tag was blue and white, and he wrote down the tag numbers and letters. A short time later, the police arrived at the accident scene.
Finch gave the vehicle and tag information to a police officer investigating the accident. The police later traced the tag to Michigan and discovered that the registered owner of the Blazer is named Eugene Hall, who lives in Detroit. The police sent several letters to Hall, but he did not respond to them. The police informed Finch of Hall’s identity.
Finch filed the instant lawsuit for damages arising out of the accident against “John Doe.” Finch served copies of the complaint on Allstate Insurance Company, his uninsured motorist carrier, and on Travelers Property Casualty, the uninsured motorist carrier for his employer.
Allstate and Travelers each moved for summary judgment on the
Georgia’s uninsured motorist statute provides: “A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown.”
This statutory language anticipates a situation in which the owner and the operator of a motor vehicle are not the same person. And in such a situation, the language is plainly alternative in allowing a John Doe action if either the owner or operator is unknown. That is, in order to file a John Doe action, the party injured in the accident need not show that both the owner and the operator of the vehicle causing the injury are unknown; rather, the injured party must show only that one or the other is unknown. Thus, under the statute’s alternative language, if the vehicle owner is unknown, but the vehicle operator is known, then a John Doe action may be filed against the unknown owner. And conversely, if the vehicle owner is known and the driver unknown, then a John Doe action may be filed against that unknown driver.
In the instant case, Finch knew before he filed his lawsuit that Hall is the registered owner of the SUV that hit him. But Finch did not see, and does not know, who was driving the vehicle at the time of the collision. While the hit and run driver might have been Hall, there is no evidence in the record identifying him, or anyone else, as the driver. Because the driver is unknown, Finch properly filed a John Doe action under the alternative language of the uninsured motorist statute.
This case is similar to, and controlled by, the case of Smith v. Doe.
Likewise, in the instant case, there are genuine issues of material fact as to whether Hall was the driver of the vehicle that collided with Finch’s vehicle.
Judgment reversed.
(Emphasis supplied.) OCGA § 33-7-11 (b) (2).
(Emphasis supplied.) OCGA § 33-7-11 (d).
189 Ga. App. 264 (375 SE2d 477) (1988).
Id. at 265 (1).
Id. at 266 (3).
Compare Kannady v. State Farm &c. Ins. Co., 214 Ga. App. 492, 494-495 (3), (4) (448 SE2d 374) (1994) (John Doe action improper where both owner and operator of vehicle known).
See OCGA § 9-11-56.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.