Arias v. Cameron, No. 13-14863 (11th Cir. 2015)
Annotate this CasePlaintiff filed suit against defendants Joseph T. Cameron and Dow Chemical for injuries that Cameron allegedly inflicted on plaintiff while Cameron was acting within the course of his employment for Dow. Cameron was operating a car within the course and scope of his employment when the car hit plaintiff, who was riding her bicycle. The district court subsequently granted plaintiff's motion to voluntarily dismiss the case without prejudice so that plaintiff could, under Georgia law, refile in six months and thereby overcome defendants' claim that plaintiff had failed to timely perfect service. Defendants appealed. The court concluded that it is unlikely that defendants had a meritorious statute-of-limitations defense in the first place. Even if defendants did, in view of the equities, the district court did not abuse its discretion in granting plaintiff's motion for voluntary dismissal without prejudice under Rule 41(a)(2).
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