Johnny Bruce Fricks v. Margaret Mae Smalley Carroll and James L. Carroll
Cases that cite this one
5 later published cases cite this decision.
- Boyd Brothers Transportation Company, Inc., a Corporation v. Fireman's Fund Insurance Companies (11th Cir. 1984)
- Watwood v. Barber (United States District Court for the Northern District of Georgia 1975)
- Coker v. Basic Media, Ltd. (N.C. Ct. App. 1983)
- Boyd Bros. Transportation Co. v. Fireman's Fund Insurance Companies (United States District Court for the Middle District of Alabama 1982)
- Cummings v. Cowan (District Court, N.D. Mississippi 1975)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant, a resident of Georgia, sued appellees, residents of Alabama, claiming damages for personal injuries sustained in an automobile accident which occurred in Georgia. The District Court dismissed the action on the basis that it affirmatively appeared from the complaint that it was barred by the Alabama statute of limitations of one year. Code of Ala., Tit. 7, § 26. This ruling was *330 proper. The Alabama statute of limitations was applicable rather than the two year Georgia statute of limitations. Guaranty Trust Company of New York v. York, 1945, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079, 160 A.L.R. 1231; Wells v. Simonds Abrasive Company, 1953, 345 U.S. 514, 73 S.Ct. 856, 97 L.Ed. 1211; 2 Moore’s Federal Practice, pp. 740, 743-746; 1 Barron and Holtzoff, Federal Practice and Procedure, pp. 590-604.
The judgment of the District Court should, however, be modified to provide that the complaint rather than the action be dismissed. This will avoid any res judicata problem, and the judgment is vacated and the case remanded so that the judgment may be modified accordingly.
Affirmed in part; vacated and remanded with direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.