Kellogg v. Sounder

Ashley Maconeghy (Atlanta, GA) (Auto Liability) obtained a Dismissal with Prejudice on behalf of the named Defendant in the matter of Kellogg v. Sounder.  Sharhonda Kellogg alleged she sustained injuries in a motor vehicle accident with Allstate’s insured, Steven Sounder.  After receiving the assignment, Ms. Maconeghy realized that although the Defendant was served, it was not until 210 days after the expiration of the applicable statute of limitations.   She filed a Motion to Dismiss based on a lack of diligence in serving the Defendant.  Plaintiff’s counsel filed a lengthy Response citing the Judicial Emergency Order of the Georgia Supreme Court and trying to excuse her lack of diligence, using the COVID-19 pandemic as a scapegoat.  In a four-page Order, the Judge cited case law from the Defendant’s Brief and ruled for the Defendant, granting the Motion to Dismiss with Prejudice.