Beneke v. Parker, S08G2078.

CourtSupreme Court of Georgia
Citation285 Ga. 733,684 S.E.2d 243
Docket NumberNo. S08G2082.,No. S08G2078.,S08G2078.,S08G2082.
PartiesBENEKE v. PARKER et al. Parker et al. v. Beneke.
Decision Date28 September 2009
684 S.E.2d 243
285 Ga. 733
PARKER et al.
Parker et al.
No. S08G2078.
No. S08G2082.
Supreme Court of Georgia.
September 28, 2009.

G. Mason White, James D. Kreyenbuhl, Brennan, Harris & Rominger, Savannah, for appellant.

Richard D. Phillips, Phillips & Kitchings, Ludowici, Willis H. Blacknall III, Blacknall & Little LLP, Waycross, for appellee.

HUNSTEIN, Chief Justice.

On April 27, 2005, Patricia Parker was injured when the car in which she was a passenger was struck from the rear and overturned by a vehicle driven by Alan Beneke; Beneke was cited for following too closely. See OCGA § 40-6-49. Parker filed a personal injury action against Beneke on May 11, 2007. The trial court initially granted Beneke's motion for summary judgment based on the expiration of the two-year statute of limitation, see OCGA § 9-3-33, but on motion for reconsideration vacated its order and denied summary judgment. In finding that the complaint was timely-filed because the statute of limitation had been tolled until Beneke posted a cash bond disposing of the traffic citation on May 19, 2005, the trial court relied on OCGA § 9-3-99, which provides that

t]he running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of

[684 S.E.2d 244

the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.

In Beneke v. Parker, 293 Ga.App. 186, 667 S.E.2d 97 (2008), the Court of Appeals affirmed the denial of summary judgment, but vacated the portion of the trial court's order ruling that Beneke had committed a "crime" as a matter of law so as to bring OCGA § 9-3-99 into play, holding that this question must be resolved by a jury. See Beneke, supra at 189-90(1), 667 S.E.2d 97. We granted certiorari to consider whether the Court of Appeals erred in holding that a "crime" within the context of OCGA § 9-3-99 must be a "crime" that satisfies the definition set forth in OCGA § 16-2-1(a),1 i.e., one that involves criminal intent or criminal negligence. For the reasons that follow, we hold that it did so err.

T]he fundamental rules of statutory construction ... require us to construe a...

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22 cases
  • Undisclosed LLC v. State, S17A1061
    • United States
    • Supreme Court of Georgia
    • October 30, 2017
    ...378 (2012) ("[T]he basic rule used by courts across the country is to apply [a] word's ordinary, everyday meaning."); Beneke v. Parker, 285 Ga. 733, 734, 684 S.E.2d 243 (2009) ("The fundamental rules of statutory construction require us to construe a statute according to its terms [and] to ......
  • Harrison v. McAfee, A16A0648
    • United States
    • United States Court of Appeals (Georgia)
    • July 7, 2016
    ...that our holding in this case will have a significant impact on personal injury actions” by crime victims. Beneke , 285 Ga. at 735, 684 S.E.2d 243.Nonetheless, we are constrained by the language of the statute to reach this result. If the Legislature had intended to limit the application of......
  • Nuci Phillips Mem'l Found. Inc. v. Athens–clarke County Bd. of Tax Assessors., S10G0448.
    • United States
    • Supreme Court of Georgia
    • December 14, 2010 tax exempt, and I would hold that the Court is “constrained by the language of the statute to reach this result.” Beneke v. Parker, 285 Ga. 733, 735, 684 S.E.2d 243 (2009). Accordingly, I dissent.--------Notes: 1. A law reducing or repealing an exemption granted to institutions of purely......
  • Antley v. Small, A21A0223, A21A0224
    • United States
    • United States Court of Appeals (Georgia)
    • June 28, 2021
    ...Id.20 Id. at 402 (3), 788 S.E.2d 872.21 Id. at 398 (2) (b), 788 S.E.2d 872 (citation and punctuation omitted).22 See Beneke v. Parker , 285 Ga. 733, 734-735, 684 S.E.2d 243 (2009).23 See Harrison , 338 Ga. App. at 402 (3), 788 S.E.2d 872.24 Id. at 398 (2) (b), 788 S.E.2d 872 (citation and p......
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