Attorney Joseph Kaiser Wins Summary Judgment in Fulton County
June 15, 2019 – Attorney Joseph Kaiser recently won Summary Judgment in the State Court of Fulton County in a case where the Plaintiff brought suit against a John Doe over an accident that occurred in the State of California. Plaintiff alleged she was a resident of Georgia at the time of the accident and that she could proceed against a John Doe because the Defendant (whose identity was known) was unable to be located in the State of Georgia.
Mr. Kaiser discovered compelling evidence that the Plaintiff was, in fact, a resident of California at the time of the accident as well, but that regardless, the suit was improper because a John Doe suit cannot be filed where the Defendant’s identity is known. Further, Mr. Kaiser argued that the Court had no subject matter jurisdiction over an automobile accident that occurred in California between two California residents and that the Plaintiff was trying to do an “end-run” around the well established John Doe procedures set forth in O.C.G.A. 33-7-11. The trial Court agreed with Mr. Kaiser and granted summary judgment.