Fricks v. Carroll, 23393.
| Decision Date | 03 October 1966 |
| Docket Number | No. 23393.,23393. |
| Citation | 368 F.2d 329 |
| Parties | Johnny Bruce FRICKS, Appellant, v. Margaret Mae Smalley CARROLL and James L. Carroll, Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
L. Paul Cobb, Jr., Atlanta, Ga., Glyndon C. Pruitt, Buford, Ga., for appellant.
Paul L. Millirons, Roscoe Roberts, Jr., Huntsville, Ala., for appellees.
Before RIVES, BELL, and THORNBERRY, Circuit Judges.
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 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.
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Cummings v. Cowan
...not preclude litigation of this cause of action in the state courts of Mississippi or in this federal district court. See Fricks v. Carroll, 368 F.2d 329 (5 Cir. 1966); Hartmann v. Time, Inc., 166 F.2d 127 (3 Cir. 1948); Warner v. Buffalo Drydock Co., 67 F.2d 540 (2 Cir. 1933); see generall......
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Boyd Bros. Transp. Co., Inc. v. Fireman's Fund Ins.
...apply1 and that Alabama would apply its own statute of limitations to a tort cause of action arising in another state. Fricks v. Carroll, 368 F.2d 329 (5th Cir. 1966). In Alabama a tort action for bad faith or negligent failure to settle a claim is governed by the one year statute of limita......
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Boyd Bros. Transp. Co., Inc. v. Fireman's Fund Ins. Companies
...1-year duration of the statute of limitations which, under Alabama law, applies to all tort actions is not here disputed. Fricks v. Carroll, 368 F.2d 329 (5th Cir.1966); Dumas v. Southern Guaranty Insurance Co., 408 So.2d 86 (Ala.1981). Instead, the issue concerns when the cause of action f......
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Coker v. Basic Media, Ltd., 8228SC322
...bar to plaintiff's remedy, but is not an adjudication on the merits barring future actions in other jurisdictions. Fricks v. Carroll, 368 F.2d 329 (5th Cir.1966), decided that while a diversity action was barred by the shorter statute of limitations of the forum state, there would not be an......